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Law Pro
Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 24870
Experience:  20 years trial experience in defense of criminal cases
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A detective called my home and asked to speak with me. When

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A detective called my home and asked to speak with me. When my 16-year old son explained that his father wasn't home and asked to take a message, the detective told him it was in reference to something stupid that he did recently. When my son asked what it was he supposedly did, the detective would only say it was related to damage done to a fence and that they'll want him to come down for questioning. The detective also stated that if my son lies when he comes down, his father (me) will have to pay for a lawyer. He asked that I call him back in a few days, I'm assuming when he is on duty again. My questions are this: 1) Do I have to bring my son in for questioning simply because the detective requests that I do? 2) What happoens if I refuse 3) If I do need to bring him in for questioning, should I do so without an attorney present for the initial conversation? 4) If no, why not? Thank you

Your questions:

 

My questions are this: 1) Do I have to bring my son in for questioning simply because the detective requests that I do?

 

No. To the contrary - you don't. However, you run the risk that they file criminal charges and arrest him.

 

2) What happens if I refuse? You run the risk that they file criminal charges against him instead of them just questioning him about the events.

 

 

3) If I do need to bring him in for questioning, should I do so without an attorney present for the initial conversation?

 

Yes, I would always have an attorney present during questioning. The police are famous for being "deceitful" in their attempts to get a confession for whatever.

 

4) If no, why not? Thank you

 

I would always have an attorne present during any conversation or questioning by the police for many reasons - the first is that to guarantee your constitutional rights are protected and secured.

 

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