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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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Old 06-30-2005, 03:34 PM
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Join Date: May 2005
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Help, PLEASE!


What is the name of your state? New York
My nephew is 17. About a month ago, he was asked by his neighbor (30) to help him retrieve some items from an "abandoned" house. According to my sister, the neighbor is a repo man so she thought nothing of letting him go. He came back with a motorcycle that was about ten yrs. old in really crappy shape. My nephew was "given" the motorcycle by the repo guy. There was nothing usable on the bike, so nephew gave it to another neighbor for scrap weight. Yesterday, detectives came to my sister's house asking to speak to her son about the bike. She let him get in their car b/c she was told she could meet them at the station and they just wanted to ask him some questions. She told him to just be totally honest and there would be no trouble. When she got to the station, her son was in interrogation. She asked to see him and was told no. She got upset as she thought they were not supposed to question him without her, per the detective's statements. She was told to sit and wait quietly or they would arrest her. He was held for questioning for about two hours. After questioning him, they asked him if he would sign a statement and he agreed. They then informed him of his rights "as a formality" and presented him with several sheets to sign. He was told that he had to see a judge to get a lawyer. As he has learning disabilities, he was read the "statements" and he signed them. They then processed him and left him sitting in a room for 2 hours before taking him to see a judge. The judge entered a plea of not guilty for him and scheduled a pre-trial hearing for next month. His mother has scheduled an appointment with an attorney on Monday. The boy can barely read and has comprehension issues. He qualifies for SSI, but his father refuses to let him get it as he doesn't want the boy "labeled". The whole scenario seems surreal to me. I thought under 18 was a juvenile unless charge was rape/murder. My legal knowledge is sorely lacking, but on Law & Order a parent was always required to be on hand when they questioned minors. He is being charged with Burglary 3rd.

Last edited by karateprincss; 07-02-2005 at 08:10 AM.
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