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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 32771
Experience:  16 yrs. of experience including criminal law.
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Police questioned my 15 year old son in a small windowless

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Police questioned my 15 year old son in a small windowless room without any other adult in the room. Said to my son that he was bull Sh*&ing lying and that he shold cuff him right now and he could spend 5 years in jail. My son didn't do anything but wear a ring that a friend brought to school, among other kids who wore it also. and now it can't be found. He is accusing him of stealing the ring which I guess is valued at $3000.00. The way I see it the kid who took it from his home without permission is liable and the added fact that he borrowed the ring out to friends to wear just made it look like it wasn't really worth that much. I don't think I could tell the difference between a real diamond and a fake one, let alone a 15 year old. This ring was a replica Bronco ring so 15 year old boys think it is cool
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

Can you tell me, has your son been charged yet? As a minor or as an adult?
Customer: replied 5 years ago.
no he has not. He and a couple of other kids were questioned in an intimidating way with no adult supervision. It appears to be a fishing expidition to get one of them to admit guilt
CO law requires that a parent be present when a minor is interrogated. The fact that you were not present will most likely invalidate the interrogation. Here is the law

CO Code (19-2-511)

(1) No statements or admissions of a juvenile made as a result of the custodial interrogation of such juvenile by a law enforcement official concerning delinquent acts alleged to have been committed by the juvenile shall be admissible in evidence against such juvenile unless a parent, guardian, or legal or physical custodian of the juvenile was present at such interrogation and the juvenile and his or her parent, guardian, or legal or physical custodian were advised of the juvenile's right to remain silent and that any statements made may be used against him or her in a court of law, of his or her right to the presence of an attorney during such interrogation, and of his or her right to have counsel appointed if he or she so requests at the time of the interrogation; except that, if a public defender or counsel representing the juvenile is present at such interrogation, such statements or admissions may be admissible in evidence even though the juvenile's parent, guardian, or legal or physical custodian was not present.

So they can not use the statements against him.

And it does not sound like a crime anyways.

You may want to contact the police to complain about this improper behavior...they should know better.

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