QUESTION
Can my 16-year old son be fingerprinted and photographed even though no charges have been filed yet?
Asked on Sep 24th, 2012 on Criminal Law - California
More details to this question:
They supposedly have him on film in a store stealing but I think it was a friend of his but he was there. Now, cops say I need to bring him down to the station. Don’t they have to charge him first?
9 ANSWERS
Thomas Edward Gates
No, they can call him in for questioning. You should retain an attorney for him when he goes in.
Answered on Jun 12th, 2013 at 2:13 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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They are probably going to charge him when he goes down to the station. Hire an attorney.
Answered on Jun 12th, 2013 at 2:10 AM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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At this point it is at your discretion as to whether he is fingerprinted. The police cannot just demand fingerprinting if someone is not under arrest or being charged, otherwise we'd all have to go through this. But if he's been arrested they can ask-and you can say "no" until a judge orders you to.
Answered on Sep 28th, 2012 at 10:55 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Do go anywhere without an attorney present. They may have nothing and want to force him into an admission.
Answered on Sep 28th, 2012 at 1:20 AM
Michael Paul Vollandt
You are not compelled to go with your son to the police station. They could take him into custody after the interview. It would be a wise move to at least let an attorney speak with you son and get his advise.
Answered on Sep 26th, 2012 at 4:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Engage an attorney now, and he should not speak to any police or investigators without counsel. Even if he was not the one taking the merchandise, he can be charged as an accessory or for aiding and abetting.
Answered on Sep 26th, 2012 at 4:28 PM
Do NOT go down to the station. Your son has the right to remain silent, and the only person he should be speaking to is an attorney that you hire for him.
Answered on Sep 26th, 2012 at 4:24 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No they do not have to charge him before interrogating him and getting him to confess. He should not go to the station, he should hire an attorney. Just being there is not enough, and acting nervous does not indicate that he had anything to do with the theft. He should have just walked away from the friend when he realized what had been done. He does need an attorney for this because it can affect him for the rest of his life. Do not let him even talk to the police.
Answered on Sep 26th, 2012 at 4:23 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If they are demanding booking they may want to give him a notice to appear at that time. He may have been charged already without your knowledge.
Answered on Sep 26th, 2012 at 4:23 PM