Police misconduct?

[Somekid]

I live in New York. I dont mean the police did bad things, its just a mistake they may have made. Its a long story so bare with me.

Reciently my friend was caught shoplifting and I was with him at the time. We walked out the door together and an LP had noticed him and ran up to us and said he saw him put stuff into his bag. My friend dropped the bag immediatly took off running. The LP didnt stand a chance of getting him so he ran up to me and grabbed my arm and brought me into the back room saying I assisted in a crime.

The police showed up and asked who my friend was but I refused to answer. When he looked in the bag he found some spray paint which was going to be used for obvious activities. My dad showed up, and pressured me into giving them my friends name and also saying what the paint was going to be used for. They also found out the bag was mine and found my sketch book.

The next day, my dad brought me down to the police station for questioning. At the time I was a little overwhelmed about what was going on and was also very tired because I had to wake up at 4:00 that morning (not to make excuses). They showed me some pictures of graffiti which matched what was in my sketch book so I told them it was me who painted it. Also some of them were my friend although there were no sketches of what my friend writes in the book, I said that he was the one who painted it. I admitted to painting in a truckyard and once behind a grocery store and told them my friend was with me for both times and he might have done other things which all went down onto a statment.

Basicaly Im off the hook because im under 15 and the police are friends with my dad, but my friend is 16 and has had several court hearings but they keep getting pushed back. We both live in New York.

Im not worried about the shoplifting because thats a deffinate charge on him. What I was wondering about is the painting. The only evidence they have is he was stealing paint and my witness statment.

What im confused about is...
1. Since I put in a statment do I have to testify in court against my friend or can I refuse?

2. I was not once read my rights so is there any way I could say I didnt know could remain silent and get my statment thrown out?


Thanks ahead for your help

 

[justalayman]

What im confused about is...
1. Since I put in a statment do I have to testify in court against my friend or can I refuse?

They can require you to testify. If you refuse, you get to go to jail for contempt. The 5th amendment only applies to SELF incrimination.

2. I was not once read my rights so is there any way I could say I didnt know could remain silent and get my statment thrown out?

they aren't prosecuting you so whether they read you your rights is irrelevent. The only thing that allows is the chnce to have evidence obtained illegally against you to be tossed.

 

[Somekid]

Bummer, thanks for the speedy reply though. Cheers

 

[Somekid]

Also another thing I forgot to put down.

I was assured complete confidentiality of what I said by both of the officers questioning me but the next day they told my friend everything I said and even showed him the witness statment. My dad told me it was because I had charges against me so I lost that right but for some reason I dont remember having any against me.

 

[justalayman]

I was assured complete confidentiality of what I said by both of the officers questioning me.

they lied. it is legal for them to do so.

 

[fairisfair]

Also another thing I forgot to put down.

I was assured complete confidentiality of what I said by both of the officers questioning me but the next day they told my friend everything I said and even showed him the witness statment. My dad told me it was because I had charges against me so I lost that right but for some reason I dont remember having any against me.

News flash, the police are allowed to lie to you to get you to confess, make a statement etc.. and so, they did. Nothing illegal about that.

Ah, curse you Layman!!! LOL

 

[outonbail]

If I were you, I wouldn't be as worried about my friend and his shoplifting as I would be about these businesses you "vandalized", coming after you and your parents in civil court for the cost of cleaning up and painting over your handiwork.

Since you have no defense for what you did, they have this one in the bag as far as winning a civil judgment is concerned.
I'm curious, why would you carry around sketches of the artwork you have sprayed while vandalizing private property, when you were committing other crimes, namely shoplifting? Considering that carrying around your artwork "proofs" is the equivalent of spray painting your name, address and phone number under your "art", it doesn't take a brain surgeon to realize this is a bad idea. Do you use these sketches as templates or to match up paint color with them so you don't steal the wrong shade?
Whatever the reason, the next time you and an accomplice go shoplifting, it may be to your benefit to leave this incriminating evidence at home, rather than hold it in the same bag as the stolen paint you intend to use to commit yet another crime. I mean, just how many smoking guns do you really need?

Your fathers police contacts will have no influence on the victims decision of whether to come after you in civil court or not. Might be to your advantage to contact these victims and see what you can do to make up/pay for the destruction you've caused to their property before dear old dad gets hooked into paying these costs. Then again, maybe dad needs to take a good hit in the wallet. Then he'll see that squeezing a confession out of his son should be done at home in the wood shed and not in front of loss prevention, store security or the police.

 

[stealth2]

Your fathers police contacts will have no influence on the victims decision of whether to come after you in civil court or not. Might be to your advantage to contact these victims and see what you can do to make up/pay for the destruction you've caused to their property before dear old dad gets hooked into paying these costs. Then again, maybe dad needs to take a good hit in the wallet. Then he'll see that squeezing a confession out of his son should be done at home in the wood shed and not in front of loss prevention, store security or the police.

Or perhaps our young criminal friend's father intends to make the lad pay him back through manual labor. Dad gets his money's worth, and said lad learns an expensive lesson.