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Questioning a minor in a criminal case

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C

colemcl

Guest
OKLAHOMA
I have a situation involving my 16 year old son. His friend Billy Roberson is being held as an accessory to a murder committed by his stepfather. This boy and my son have been friends for a long time. The day after the murder, the police came to my son's house, (he lives with his dad Gary) and picked up my son (Dusty) and this boy Billy and took them to the police station and questioned them. They kept Billy, but sent my son on his way. We as Dusty's parents were never notified that he was at the police station, nor did we know anything of the murder at that time. Well, that was the first instance. Yesterday, July 10th. The police came back to my son's house and picked him up AGAIN and took him to the police station and questioned him. STILL no contact to Gary or myself. They are saying that they do not have to notify us that they are doing this. We are very upset and angry about this. I feel that if they are going to question my son about anything at all, Gary and I should be notified about it, maybe we would like to get representation to protect our son. He is only 16. I need some advice quickly on this subject if possible. Thank you in advance. We need some direction.


[This message has been edited by colemcl (edited July 11, 2000).]
 


T

Tracey

Guest
Why are you relying on the cops to notify you if they want to question your son? They probably dont' have to notify you unless he's a suspect. Instruct you son not to talk to police unless you or his attorney is present. Period. Have him practice saying this with you until he's comfortable insisting on his rights. If the cops refuse to contact you or an attorney after he asks them to, your son is not in custody & is free to go. Tell him to leave.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited July 12, 2000).]
 
C

colemcl

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
Why are you relying on the cops to notify you if they want to question your son? They probably dont' have to notify you unless he's a suspect. Instruct you son not to talk to police unless you or his attorney is present. Period. Have him practice saying this with you until he's comfortable insisting on his rights. If the cops refuse to contact you or an attorney after he asks them to, your son is not in custody & is free to go. Tell him to leave.

<HR></BLOCKQUOTE>

Thank you. We did talk to an attorney last night who has asked me to bring in my son today. Apparently my son's civil rights have been violated because he did ask them to call us and they refused. So, hopefully after our visit with the attorney today, things will settle down. Dusty is not a suspect, the police are trying to gather evidence, but since we nor council was present, they could not use anything Dusty had to say. Which was nothing because he does not know anything. Again, thank you.
 

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