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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 08-20-2009, 05:34 PM
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Join Date: Oct 2006
Location: Nevada
Posts: 4

Arrest/Warrant procedures


What is the name of your state (Nevada)?
I have a 17 year old son who has been involved w/a self-defense case.
He and a few friends were threatend by an 18 year old with a knife and threated bodily by saying he has a 308 in the car. As the kids wanted to walk away from the situation, the 18 yr.old kid in the car proceeded to drive his vehicle down the street to try to run them over. Note, the driver had been drinking prior to this. When stopped, my son threw a rock at the car, on the passenger side and it hit the driver. He and his friends ran from the scene not knowing what the damage was. His friend who is 17 years old also has been wrongly accused of being the person throwing a rock and hitting the driver of the vehicle. So his friend has a court appearance in Nov.2009 and the parents want my son to go and write a statement admitting he threw it. The thing is the passenager of the vehicle and not the driver is accusing his friend & he didn't see who threw it at all. He just picked him out of off his Drivers License photo (he has long blonde hair which stands out and said he did it.) So my question is, what rights does my son have without incremenating himself? Do I wait for the court date and my son be subpeoned in to testify and Take the 5th amendment? I am unemployeed, haven't worked in almost year due to the awful economy and stressed out enough as it is. Please help!
  #2  
Old 08-21-2009, 12:54 PM
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Join Date: Aug 2004
Location: Southern California
Posts: 2,503
Does your son have any prior criminal arrests and/or convictions.

What were the damages caused by this rock throwing incident? Were there damages to the vehicle, or any of it's occupants?

What would you and/or your son want to see happen if it were him who was wrongly accused for a crime his friend committed?

How does a person threaten someone with a knife if they are driving their car down the road at the time?
Do you believe that if your son was really being threatened by some drunk with a .308, that he would choose to throw a rock through their car window?

Did you ever consider the possibility that there is more to this story, than your son found it necessary to throw a rock through a car window in order to protect himself and his friends, from someone threatening them with a large caliber rifle?

Your son needs to speak to an attorney. His admission can not only be used to convict him of criminal charges, but can cost a bundle in civil court if the victim decides to sue him for the damages he claims to have suffered as a result of this rock throwing incident.
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  #3  
Old 08-21-2009, 01:43 PM
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Join Date: Feb 2003
Location: California
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The best thing for your son to do at this point is to consult an attorney. He could be liable for more than it seems, so he needs to avoid making any incriminating statements without the advice of counsel. AND, he needs to shut up talking about it. I am unaware of any parental confidentiality law in NV so , in theory, the state could call you as a witness against your son.

Consult legal counsel.

- Carl
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