Question regarding theft charges on a minor possible issues w/ Police

[Blac]

What is the name of your state? Oregon

Ok my son and his friend went down to a store and stole some things like 5$ worth from my son and 20$ from the other minor. There both 16, my son dropped the merchandise and ran off.

When he got to school he was called down to the office and the police officer questioned him and everything else, the other kid stayed at the store and was taken back to school he admited to everything and told them my son and another kid were there.

She kept telling my son that everybody had confessed and everything, but she read him his writes and never told him what he was being charged with, he kept asking ehr what it was about and all the officer would tell him is that he alerady knew and to confess. She never once told him she had probbable cause or any information.

When school was out at 2:25 she still had not told him why he was being detained and he asked to leave at 2:30 and the officer told him he couldnt leave and he had to stay there. She never told him he was being charged with anything until about 3:15 when he finnaly confessed to it.

He was also using his cell phone to txt msg around 1:30 and the campus monitor walked into the room he was in told him to give her the cell phone and took it and the officer and her went through it.

Im wondering if there is anything legally we can argue in court.

Yes he deserve punishment, and trust me he is being punished to the extreme.

I would rather not have it on his record or have to get it exsponged.

EDIT: I forgot to mention, he asked if he could call me, or his mom and the officer told him no. He asked multiple times and they told him he couldnt.

They also said to him, 'Just tell the truth, stop jerking me around and i will call your parents up have them come and pick you up and you can go home with them, but if you keep jerking me around i can arrest you and take you down to lock up.'

 

[CdwJava]

What do you want to argue in court? Does he have a defense to the theft? It doesn't sound like it. And if you are alleging he was detained for too long or somehow unlawfully, that is a seperate issue unless any statements he made are introduced as evidence then an argument can be made that the statements were made in violation of Miranda. But, the statements and observations from other people would still be adminssable.

- carl

 

[Blac]

There is no 'defense' to the theft. But i would like to argue he was threatened and semi-forced into confessing

I would also like to argue he was unlawfully detained and not allowed to leave when he was not being charged with anything.

The fact the would not allow him to contact me when his school was out, he asked multiple times to call me and he was denied everytime, that was before school was out and after.

 

[CdwJava]

There is no 'defense' to the theft. But i would like to argue he was threatened and semi-forced into confessing

I would also like to argue he was unlawfully detained and not allowed to leave when he was not being charged with anything.

The fact the would not allow him to contact me when his school was out, he asked multiple times to call me and he was denied everytime, that was before school was out and after.

Then you might consider a civil suit if you believe he was unlawfully held.

And any statement he made might be suppressed if it is used in court (that is generally the remedy for a Miranda violation).

And I am afraid I do not know the intricacy of OR law well enough to know if any rights were violated by your son not being allowed to contact you when he asked.

Any issue here is not likely to have an effect on his criminal case, and would be a seperate matter.

- Carl