Parenting Pointers: Navigating the Criminal Justice System

Being one of only ten attorneys in the state of Texas certified in both criminal and juvenile law - no mean accomplishment in a state that has over 85,000 attorneys - Brian J. Willett stays a very busy man. His latest book, Ignorance of the Law is No Excuse (Outskirts Press), now in its third edition, is a virtual handbook that not only provides trusted information on their options, but offers guidelines for parents to better educate their children about the criminal justice system.

Covering every possible scenario, complete with examples to illustrate complex situations, the book offers a common sense approach to understanding the Texas Criminal Justice system. It is packed with information on drug charges, DWIs, weapon charges, sexual offenses, family assaults, driver's license suspensions, bonds, juvenile law, expunction of criminal records, and so much more. Willett also writes for Blind Justice, a quarterly newsletter.

I had a chance to interview him to learn more.

1.  Why did you decide to write this book?

Even though my profession is an attorney, my undergraduate degree is in science education, so teaching has always been part of my background. What I learned from being a research and teaching assistant at the University of Iowa was that most people learned best by examples. I have read plenty of books on the law, but none of them gave real life examples to legal questions. Legalese is both confusing and unnecessary.  My book eliminates this problem and simplifies the criminal legal process.

2.  You wrote this book out of experience with the Texas Criminal Justice System- will it apply to readers from other areas as well?

Yes, but not 100%. I would say that the laws of every state will be about 90% the same regardless of where you live. For all constitutional issues they will be the same because they are governed by the decisions of the Supreme Court. Some of the common differences will be punishment ranges for a given crime, age variations for criminal offenses and required conditions of probation and parole.  It is always in your best interest to contact attorney from the state where you live. Criminal procedures, (not laws) can vary even within the same state.

3.  How can parents make sure they know what their rights are when it comes to the criminal justice system and their children?

Generally, they have very little rights as parents. Contrary to popular belief, police and school officials can "interview" your child without parental consent. It is ALWAYS in your child's best interest to contact an attorney before agreeing to answer any questions asked by the police or school officials. The police and school officials are sanctioned by the courts to lie to children (and adults) without any consequences. It is often described as a "interrogation method."

4.  How can parents help their teens avoid ending up on the wrong side of the law?

One of the stated goals of my book was to discuss criminal offenses which teens, and adults, did not either realize were criminal offenses or they did not appreciate the severe consequences of their actions.  Unless, you know the law, it is impossible to teach them how to avoid problems. As many parents probably already know, if you tell your child something they only believe what they want to believe. By showing them the examples set out in my book you have some 'authority"  to back it up.  

Brian Willett has served as both a government and private attorney. In his 20-year career, he has defended more than 6,000 criminal and juvenile law cases and tried in excess of 250 criminal and juvenile law offenses. A graduate of the University of Iowa and Memphis State University School of Law, Brian Willett received an undergraduate degree in Biology/Education and served as a teaching and research assistant while attending the University of Iowa. At Memphis State he was president of his graduating class and a member of the national mock trial team. One of only ten attorneys in the state of Texas to be certified by the Texas Board of Legal Specialization in both criminal law (1997) and juvenile law (2006), he was recognized as a Top 100 Attorney by the National Trial Lawyers, a Texas Super Lawyer and a Top Tarrant County attorney. Willett, a sought-after speaker who is often asked to speak at legal educational seminars, has also been published in the Voice for the Defense - a magazine and online resource that educates and improves communication within the criminal defense community.