Phone Call

[every1sbuddy]

What is the name of your state? VA

Hey, last month I recieved a call from the police saying that they wanted me to call the police department. I never returned their call and now they decided to call me sometime this week. The first call they never specified why they wanted to call me and I assumed it was something I did so I never returned their call. This time they said that they have an arrest warrant for my dad. I have no idea what he did and I highly doubt he did anything..they said that they have an arrest warrant and want him to turn himself in for something they did not specified or ask them to call them back. Could they be lying to me so that they can question me or are they really actually going to arrest my dad? We both have no criminal record I am worried for my dad and I have no idea what to do.. I honestly think its for me though.. I know for a fact my dad has not done anything illegal. I on the other hand, have done somethings I might have regretted.. please help

 

[Zigner]

I'm sorry, but how would ANY of us know the answers to your questions?

The FA Crystal Ball is currently on the fritz, sorry.

 

[Happy Trails]

Other thread: https://forum.freeadvice.com/showthread.php?t=365463

Every1sbuddy, have you told your dad about the phone call?

Whatever it is you think they want to ask you (concerning the things that you have done) you should consult with an attorney and take his/her advice as to how you should handle it.

 

[xylene]

If the police have an arrest warrant for dad, they can arrest him.

They can't arrest him just to get to you.

They can lie to you about your dad's 'arrest warrant'.

 

[every1sbuddy]

well if they want to question him.. and then they come knocking on our door asking him to come down to the station, he can refuse to do so right? Its our right to remain silent. I mean I have recieved a call 2 months ago saying for me to call the station back but they never specified why and now they call me to arrest my dad who has never commited a crime in his life.

I know for a fact that they wont arrest him because they would have done that a long time ago. But I think my dad is holding something back and I dont want anything to happen to him.

He is hiring a lawyer now i think.. but I have no idea if he will call them back.

Another question.. why the hell wont they call the house? Why me? Why not my dads phone?

Could it really be after me?

 

[The Occultist]

well if they want to question him.. and then they come knocking on our door asking him to come down to the station, he can refuse to do so right? Its our right to remain silent. I mean I have recieved a call 2 months ago saying for me to call the station back but they never specified why and now they want to arrest my dad who has never commited a crime in his life.

If they have a warrant to arrest your dad, then they can indeed take him down to the station by force. If there is no warrant, there are other ways to make you talk. If it was a serious enough of a situation, they could have subpoenas issued, and then if you refused to talk, you'd be held for contempt.

And, uh, you don't know that your dad has never committed a crime.

 

[every1sbuddy]

I mean I know for a fact he has never commited a crime but if they are calling for him and he gets convicted this is his first crime.

How do I know if theres a subpeona issued? If they do come and then question him and there is one on him... does he have to talk without a lawyer?

I know for a fact cops can lie.. so cant they lie about one being issued on him?

Also can you explain what is a subpoena? Is it also an arrest warrant?

 

[every1sbuddy]

also.. what happens if my dad has a lawyer ready on hand.. but doesnt call them back. I mean they did not contact my dad they contacted me. I have no idea why they did that and I think its absurd.

For all I know, if my dad DID do something and never told me about it, and he gets a lawyer whether its for murder or for theft.. can he just wait for them to come and get him and then he calls his lawyer?

I mean technically he can say that he never knew about the phone call.. and that I never told him about it. I mean seriously why would the cops call me, do they think the son wants to hear that stuff?

 

[seven53]

Also can you explain what is a subpoena? Is it also an arrest warrant?

No. A subpoena is a writ issued by court authority to compel the attendance of a witness at a judicial proceeding; disobedience may be punishable as a contempt of court .

An arrest warrant is an instrument, issued by the court, authorizing an officer to make an arrest on the individual named in the warrant.

 

[outonbail]

Unless they do things much different in Virginia, they wouldn't be playing phone tag if they actually had an arrest warrant issued for you or you're dad. To do so would be foolish. It is essentially "tipping off" the suspect of the fact that they will be coming for him sooner or later. This would give a suspect the advantage of knowing in advance, that he is about to be arrested when he sees an officer approaching his home or vehicle. Hence, he will not be so willing to open the door when the police come knocking. It also gives him an opportunity to flee the state or barricade himself in his home depending on the situation.

Whenever the police plan on going out to someone's home or place of work to take them into custody on an arrest warrant, it is certainly to their advantage to have the element of surprise on their side. Not only for their own safety, but for an overall, easier process in arresting the suspect.

So it would be my guess, that they are hoping to coax you down to the station voluntarily, where they can question you and sort of pressure you, or manipulate you into telling on yourself, or at least telling them something they can work into "probable cause", to then arrest you and place you in custody without needing an arrest warrant.

This is of course only my opinion and I'm not familiar with how they go about these affairs in Virginia. But my experience has always been that when they have an arrest warrant, there isn't any need to play around, they can just show up and cuff you.

Reading between the lines in you're post, I get the feeling that you have a very good idea why they want to speak to you. So my advice is, DON"T speak to them AT ALL without a lawyer representing you being present.
Remember, WHATEVER you say, WILL be used against you.

 

[donovanatee]

Do you have caller ID or star 69? Find out where the call is coming from.

Stop answering the phone. Let voicemail pick up messages, assuming you have voicemail, and let them leave messages.

It sounds like you know what they want, so find an attorney to confide in and explore your options. Play the messages for him/her.

I've got a feeling they will eventually come a knockin', so you might as well be prepared.

 

[lcannister]

Dumb question but are your first names the same?

And NO you do NOT know that your Dad has never committed a crime.

 

[tranquility]

All right everyone, let's say them together. We all know the tune:

You have the right to remain silent. If you give up that right, anything you can can be used against you in a court of law. You have a right to an attorney and have him present during questioning. If you so desire, but cannot afford one, one can be appointed for you.

Do you understand these rights?


If the police question you as a suspect in a crime, tell them you'd like to speak with an attorney before saying anything. If they ask you what you are trying to hide, say that you would like to speak with an attorney before questioning. If they tell you you can talk here or down at the station in handcuffs, tell them you would like to speak with an attorney before questioning. If the one cop says "look you, this can go easy or this can go hard" as he removes the taser from it's pouch and the other cop says you should just say anything because he likes you and doesn't want the other cop to do anything, say you'd like to speak with an attorney before saying anything.

Don't lie. Don't get clever. Don't get angry. Follow all orders. Tell them you would like to speak with an attorney before saying anything. If you are arrested, you should answer any standard booking questions put to you which are not related to what they suspect you of.