QUESTION
What are my son's rights if he is being accused of a robbery?
Asked on Oct 17th, 2011 on Criminal Law - Hawaii
More details to this question:
My son was recently visited in our home and questioned about a robbery that happened over 2 months ago by a detective, my son did not do this crime and the detective said a teenager had stated that my son took him to where the items that were stolen were thrown away. My son didn't do any of this. The detective wants my son to take a voice stress analyzer test. While we have no problem doing this we feel it is not necessary since on the day in question, my son had just been released from the hospital and was in no physical shape to even leave the house, we do have the hospital report and can't understand why the detective is asking for this test. What are my son's rights?
26 ANSWERS
Jacob P. Sartz
I'd recommend that your son retain a lawyer. If he cannot afford a lawyer, the court may appoint him a lawyer if he's charged with a criminal offense. Ultimately, he has the same rights as adults charged with a criminal offense. Those rights include the right to council, the right to be presumed innocent until proven guilty beyond a reasonable doubt, and all the other applicable rights.
Answered on Nov 11th, 2011 at 1:58 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Your son needs a lawyer NOW. I do not know you or your son, but I can say this - you do not know if your son is involved in this or not. I know you feel strongly about it because of the hospital situation but the dates could be off. You do not need to be advising your son on what he should and should not do with regard to cooperating because you may not know the whole truth. He may be just giving evidence against himself. Hire a lawyer to represent your son.
Answered on Oct 24th, 2011 at 12:54 PM
Most importantly, your son needs to exercise his right to remain silent. If anyone from law enforcement wants to speak with your son again, he should refuse, and should likewise refuse any "voice stress analyzer test"-this is junk science. Your son needs to hire an experienced criminal defense attorney to represent him in moving forward with the police and the district attorney's office, to hopefully head these charges off before they are issued.
Answered on Oct 21st, 2011 at 10:06 PM
Michael J. Breczinski
He does not have to talk to the police or take any tests. If the detective keeps harassing you then get a lawyer.
Answered on Oct 21st, 2011 at 12:41 AM
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Get an attorney and tell the Detective to fly a kite. Voice Stress Analysers are lie detectors that do not really work. The cop is going to make the machine show deceptive and then convince your son that he is guilty and the only way to prevent serious trouble is to confess. Your son did not do this and they have no evidence that he did do it. Do not participate in the police attempt to create evidence. (if they had evidence, they would not need to talk to your son, they would just arrest) Your son has the right not to talk with the police and to have an attorney advise him. You do not have to allow any searches or any evidence gathering of any kind (including fingerprints). If your son did do this, punish appropriately. That likely does not include police or court involvement.
Answered on Oct 20th, 2011 at 4:31 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You SHOULD have a HUGE problem with giving the police a voice stress test and allowing your son to be interviewed by the police without counsel. NEVER ALLOW YOURSELF TO BE QUESTIONED BY THE POLICE ABOUT A CRIME WITHOUT AN ATTORNEY!!! Your son has the right to REFUSE TO ANSWER ANY QUESTIONS and should, WHETHER OR NOT HE DID ANYTHING WRONG. The criminal justice system is inherently adversarial and the police are not there to "clear" your son - they are adversarial to him. That they want a voice stress test shows that they do not believe your son and are looking to marshal more evidence against him. My STRONG SUGGESTION is that your son "lawyer's up" immediately, and this way the police cannot question him further.
Answered on Oct 20th, 2011 at 2:26 PM
William C. Gosnell
Do not do this test. Your son is giving evidence against himself and the police will use this against him. If your son did not leave the house on the day in question, then can family members help him establish an alibi defense? Hire a criminal defense lawyer immediately and do not allow your son to talk to police.
Answered on Oct 20th, 2011 at 2:13 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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No one has to talk to the police. They aren't trying to clear your son by any means. They are trying to get evidence against him. No need to make their job easier. See if they can get enough evidence to charge your son or you can get a lawyer involved now if it makes you feel better.
Answered on Oct 20th, 2011 at 1:31 PM
The detective is trying to identify your son as the perpetrator. They must have some type of recording of the offender. Generally, it is not recommended to talk to the police. Sometimes a lawyer can find out if it is wise, because the lawyer can ascertain whether the client is being eliminated as suspect. However, you should not go this road without an attorney.
Answered on Oct 20th, 2011 at 1:22 PM
Your son's right is to remain silent. You should absolutely refuse the detective's request. In fact, he should NEVER say anything more to anyone except a lawyer. The more your son speaks, the more he will incriminate himself. Remember, incrimination has nothing to do with guilt or innocence. Cops are experts at twisting words around and making something stick.
Answered on Oct 20th, 2011 at 12:51 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Without being flippant, "he has the right to remain silent..." Hire a lawyer, share your alibi defense, and persuade the Detective to leave him alone.
Answered on Oct 20th, 2011 at 12:31 PM
Your son is under no obligation to cooperate with the police. He is certainly a person of interest to the police and maybe a prime suspect. At this point he should exercise his constitutional right to remain silent. If the police take him into custody or arrest him he should say nothing and ask for an attorney. If the police have focused on him there is nothing he can say that will change their minds. If they insist on talking to him then they probably do not have sufficient evidence to arrest him. Any statements made by him will be used against him. At this point he is giving away his defense to the case by communicating with the police and allowing the police to fashion a response to his statements or use them against him. He should consider retaining an attorney who can discuss issues with the police. The attorney can decide if cooperation with the police is warranted. Good luck.
Answered on Oct 20th, 2011 at 12:29 PM
Your son has the right to remain silent, he has the right to an attorney before any questioning, he has the right to have his attorney present at any questioning, he has the right to a hearing telling him what he is charged with, he has the right to a trial, he has a right to a jury to judge him at the trial. There is no undisputable scientific evidence that a statement made under voice stress analyzer test or lie detector test can be shown to be true or false. Do not let your son take that test. Tell the police that your son will not answer any questions or make any statements without his attorney present. Police are taught to lie during an interview to get the response they want from a suspect. You can stop all this by asking that your attorney be present. Consult now with an attorney. Show him your hospital discharge papers and take instruction from him. Do not believe the police when they say only a guilty person needs an attorney. That too is a lie.
Answered on Oct 20th, 2011 at 12:18 PM
Do not speak with the detective or any law enforcement agent without an attorney present. You cannot reason with the police in these instances and to try to do so may compromise your son's defense. You should retain a criminal defense attorney to deal with the matter. If your evidence is strong, and it sounds like it is, the police should be able to figure out he didn't commit the crime. Your son has the right to remain silent. Invoking this right cannot be used against him. He has the right to have an attorney present during questioning. He should exercise this right. The police cannot force him to talk. The police will use anything he or anyone else says against him. Silence is golden.
Answered on Oct 20th, 2011 at 12:17 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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He has a right to say no thank you. I would advise him to do just that, contact police detective and say I have nothing else to say.
Answered on Oct 20th, 2011 at 12:16 PM
Assault Attorney serving Richardson, TX
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Talk to a criminal attorney immediately. It is rarely in his best interest to deal with the authorities without legal help.
Answered on Oct 20th, 2011 at 12:23 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Your son has a right to decline to participate or to answer questions. Even if he's not in custody and read his rights, he can still choose to not make any statement. If they have enough to arrest him, they will, no matter what he says. He's already said enough. Now, they want him to do a Voice Stress Analyzer. That's one step shy of a lie detector and equally unreliable. He's implicated in a robbery. This a serious felony that can carry years in state prison. He should discuss the entire situation with a criminal defense attorney before answering any more questions or participating in any police procedures. This is not a do-it-yourself project.
Answered on Oct 20th, 2011 at 12:17 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I think that your son has cooperated enough. He should tell the police that he wants a lawyer present at any further questioning.
Answered on Oct 20th, 2011 at 12:16 AM
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Absolutely not! Do not take anything or even give a statement. Hire an attorney in your county to fight for you. The cops are not your friend and will not listen to you. Be smart and hire an attorney asap. Use your right to remain silent in the mean time.
Answered on Oct 19th, 2011 at 5:50 PM
Samuel H. Harrison
1. Your son has the absolute right to remain silent. He is NOT obligated to give any kind of statement to the police; especially when he is suspected of having committed a crime. 2. Do NOT let him meet with the police!! The officer has probably decided your son is involved and is looking for evidence to suport his case. 3. Hire a criminal defense attorney for your son NOW, preferably some time tomorrow. 4. On NO account should your son agree to any stress test, polygraph test, or any other test.
Answered on Oct 19th, 2011 at 5:40 PM
Gary Moore
Giving a lie detector test is a technique used by the police to coerce a confession. Usually the police will tell the suspect that he failed the test. Your son needs a lawyer for his protection. It would appear that the police do not feel that their proofs are that strong. You should give me a call or, at least call some lawyer to help your son.
Answered on Oct 19th, 2011 at 5:36 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Your son does not have to do as the detective requests. The detective will proceed with his investigation independent of what your son does and doesn't do. If there is probable cause that your son was involved, he could be arrested and/or charged. My advice: seek out the services of an attorney because even innocent people are sometimes charged.
Answered on Oct 19th, 2011 at 5:35 PM
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He has the right to tell the cop "no comment".
Answered on Oct 19th, 2011 at 5:11 PM
Criminal Defense Attorney serving Minneapolis, MN
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Meshbesher & Spence, Ltd.
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Your son has an absolute right not to take part in the voice stress test. His best bet is to get a lawyer who can deal with the cop so your son doesn't have to.
Answered on Oct 19th, 2011 at 4:59 PM
In order to protect your son's rights, you should immediately hire an attorney. Whenever the police seek to speak to him he can remain silent and ask to speak to his attorney and can call his attorney and ask that his attorney be present for questioning. You should speak to and hire an attorney right away. Almost any attorney will advise to NOT take any sort of polygraph or voice stress test nor to even speak to the police again.
Answered on Oct 19th, 2011 at 4:57 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Your son doesn't need to take a voice stress analysis or anything else but I am afraid the cop might then arrest him claiming he has enough evidence to do so. You would be better off getting yourself a good criminal lawyer who practices in those local courts.
Answered on Oct 19th, 2011 at 4:57 PM