Pre arrest

My 17 yr old son just informed me this Sunday afternoon that he got a call from the town Police Station asking him to come down and give a statement. Apparantly while at working at a department store a few weeks ago he told a fellow employee/friend how to get someone's credit card number. He watched as the friend charged some items worth $450. Of course they tracked it down to the friend who confessed and implicated my son. He went down to the Police Station but I got a hold of him and told him to leave politely telling the officer he needed to talk to a lawyer. She said if he co-operated they may drop the charges or he may just have accelerated rehab.
Was my advice faulty? Would it just be easier to tell his story and hope for the best as he did not really profit from the crime. Please help me with advice

[I AM ALWAYS LIABLE]

My response:

I believe you did exactly the right thing.

Two premises:

1. The police have a job to perform.

2. Your son has Constitutional rights.

The police have an investigation to complete based upon a complaint of criminal conduct. That's fine, and that's what they are supposed to do.

However, that "job" is not, despite what they may say, to be done to the exclusion of your son's 5th Amendment rights against self-incrimination.

The police have a right to ask questions concerning criminal conduct; however, if your son is involved, any questions being asked might incriminate him in the crime. Therefore, the police will do their job and tell you things like, "If he talks, it could go easy for him later". Well, that might or might not be. What we do know is that if your son talks, and then incriminates himself, the easier and quicker their job will be to make an arrest.

Make the police do their job - - but don't hand them their "case" on a silver platter at the expense of your son, either. There's a reason we have a Constitution, and it's there for all of us - - whether we are guilty or not.

IAAL

Thank you for your help...I will arrange for an attorney in yhe a.m. Until then I am afraid it is sleepless nights for him....he has never been in trouble of any kind before and is quite scared. Perhaps an attorney can better define for him as to what to expect as opposed to the police officer.