QUESTION
Do we need an attorney if our son was questioned by police?
Asked on Oct 10th, 2011 on Criminal Law - California
More details to this question:
Our son, a juvenile was picked up by the police with a known felon. He had been given alcohol and was present while the felon burglarized cars. He did not participate. He tried to leave but could not find his way back to the house. He was staying with a friend. He had a bag thrown at him and was told to pick it up. He was released in our custody, he was not charged or read his Miranda Rights. He did give a written statement without permission. This was 4 weeks ago. We are wondering if we need a lawyer?
27 ANSWERS
Michael J. Breczinski
First question is: How old is your son? How did he get involved with a known felon? Yes you need a lawyer.
Answered on Jul 08th, 2013 at 8:59 PM
Gary Moore
You will need an attorney if your son is charged with an offense.
Answered on Jul 08th, 2013 at 8:59 PM
2 Awards
Perhaps. How old is he and what did he admit to?
Answered on Jul 08th, 2013 at 8:58 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on Jun 03rd, 2013 at 1:21 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes you need a lawyer.
Answered on Jun 03rd, 2013 at 1:10 AM
Jacob P. Sartz
Yes, I'd recommend you get a lawyer. What your son says can and will be used against him if he is charged with an offense.
Answered on Nov 08th, 2011 at 10:04 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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If there is ANY contact from the police from here out, do not speak to them and get a lawyer immediately.
Answered on Oct 28th, 2011 at 1:21 PM
3 Awards
You absolutely do. The DA will not listen to you without a lawyer. This is a very serious crime. You need to lawyer up immediately.
Answered on Oct 28th, 2011 at 1:21 PM
There is no definite answer to this question. It sounds like he was questioned as a witness. You might want to ask the prosecutor if there are any plans to charge him. On the other hand, an attorney could make those inquires for you.
Answered on Oct 14th, 2011 at 9:03 AM
3 Awards
I would absolutely consult with an attorney.
Answered on Oct 13th, 2011 at 2:10 PM
Drunk Driving Attorney serving Spencer, MA
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Law Office of Ernest T. Biando LLC
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The case is most likely being investigated. Yes you should have an Attorney as your son may be charged as an accessory after the fact.
Answered on Oct 12th, 2011 at 1:19 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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As long as he gave the statement voluntarily, it should be admissible and permissible. Your son has the right to have an attorney present when speaking with the police and he has the right to refuse to speak to the police. If they continue to persist in trying to speak to him or if he is charged with anything, you definitely need to retain a lawyer at that point.
Answered on Oct 12th, 2011 at 11:48 AM
Absolutely. You need to have an attorney on call in case this comes up again. Under NO circumstances should you allow your son to speak to the police or anyone else involved in the case without an attorney present, representing his rights.
Answered on Oct 11th, 2011 at 3:07 PM
Probably not.It may be worth your time to call the prosecutor that is on the case.These people are usually very busy, so an appointment is good.The police may be considering your son a victim, not an accomplice.A written statement should not be used against your son if he was not given MIranda warnings.You did not say how old your son is, but I would make sure he is not traumatized by the whole thing.He should also be taught the dangers of taking alcohol from people he does not know.This could have been much worse. Good luck.
Answered on Oct 11th, 2011 at 2:42 PM
Daniel Kieth Martin
Police can question minors without their permission. You can read more about this here. Valley Justice, I believe that you should definitely contact a lawyer. Your son could easily be charged with vehicle burglary. I had a case with similar facts and the district attorney charged my client because they said that my client was the look out for the guy who actually went into the cars.
Answered on Oct 11th, 2011 at 10:54 AM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
Not unless your son ends up getting charged with a criminal offense. However, with that said, I would not let him make any more statements to law enforcement without consulting with a criminal defense lawyer.
Answered on Oct 11th, 2011 at 9:37 AM
Oh yeah, and you better find a lawyer before he does more stupid things. One, he should never have spoken to the cops. Second, he should never have written or signed any document. From this point forward all questions should be directed to his lawyer.
Answered on Oct 11th, 2011 at 1:26 AM
Obviously it would not hurt to have a lawyer on retainer but if nothing happened for four weeks, it is possible that nothing may happen to your son. The police could charge even after a few months but that is unlikely. The odds are nothing will happen. If charges were brought against the felon and not against your son, it is even more likely that they will not be.
Answered on Oct 11th, 2011 at 1:25 AM
Yes. Any time you are questioned by police you need an attorney to ensure that your rights are protected.
Answered on Oct 11th, 2011 at 1:14 AM
Samuel H. Harrison
Yes, your son needs a lawyer. The charges against the known felon are serious, your son could be considered a party to at least some of the crimes and there are probably very good questions about the way they questioned your son that could be useful to him in court if he is ever charged with any of the offenses.
Answered on Oct 10th, 2011 at 10:36 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Juvenile Court supplies Public Defenders free of charge since he is a minor. You can use their services.
Answered on Oct 10th, 2011 at 10:34 PM
2 Awards
Does not sound like they are going to charge your son with any criminal offenses. If they do there is a question about the admissibility of his statements as they were obtained while giving the impression he was a witness and not a defendant. However, should they charge or arrest him then certainly you should retain an attorney. Talk to no one until you have talked to a lawyer.
Answered on Oct 10th, 2011 at 10:14 PM
It is always important to have an attorney at an early stage to discuss whether making a statement is in your best interest. Statements are always used against you and never used to help you.
Answered on Oct 10th, 2011 at 10:13 PM
If you son is charged with a crime or if the police want to speak with him again; then yes he needs an attorney. You son should not talk with anyone about that night except you and his attorney. That means NO ONE! Your son has the right not to speak with the police. If they are going to charge him then he needs to have his attorney with him. The fact that they interviewed him at the time only matters if the incident goes to trial. At that point his attorney will evaluate the act and fallow the correct path.
Answered on Oct 10th, 2011 at 6:15 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes. Get a lawyer. Unless you were there, I would view what your son told me with a certain amount of skepticism. Your son was with a "Known felon". If he was a known felon, what is your son doing hanging with him? Why is he watching him burglarize cars (multiple cars)????. You also don't say how old your son is. If he is close to 18, he could be charged as an adult. Definitely get an attorney.
Answered on Oct 10th, 2011 at 6:13 PM
Appellate Attorney serving University Place, WA
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Baner and Baner Law Firm
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Yes you do, and preferably before talking to the police. It is possible that your child isn't a suspect, but a brief consult would never hurt.
Answered on Oct 10th, 2011 at 6:13 PM
James Lochead
At this pont in time itt does not appear that you need an attorney for your son because he has not been charged with any criminal activity, if I read your story correctly. I imagine the District Attorney will supoena him to testify against the perpetrators of the burglaries however.
Answered on Oct 10th, 2011 at 6:02 PM