How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17516
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
19127644
Type Your Criminal Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

My son is 19 yrs old. He was in a fight back in March of 2013.

Resolved Question:

My son is 19 yrs old. He was in a fight back in March of 2013. Two men attacked him he fought them off and left the party he was at. It turns out a guy he was with at the party had stolen a lap top computer, and my son thinks the fight may have been about that. He did not know that the computer was stolen at the time. The next day he had the guy give the computer to a mutual acquaintance for return to the party host.
Now months later the police are contacting him about the fight, they have called and shown up at our house. We live in Round Lake Beach, IL and it is Gurnee, IL police investigating. They claim he is not in trouble but just want to here his side of the story. I am skeptable about this.

Does he have any requirement or legal obligation to talk with the police?. This happened months ago and are assuming that the guys he fought made a late report, but don't know for sure what it is about.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. No, your son does not have to make a statement or submit to an interview unless and until he is subpeopned as a witness in a criminal case. In other words, absent a court order, he doesn't have to say anything about the facts and even then, if he would incriminate himself he wouldn't have to testify or give a statement. Even if he were arrested, he doesn't have to, and shouldn't make a statement at all unless he has an attorney that advises him to.

As for the timing, there is an 18 month statute of limitations for misdemeanors in Illinois, so the timing is not an issue from a legal perspective. But you are probably right, one of the parties probably just filed a complaint.

Please let me know if you have any related follow up questions. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

I contacted a Lawyer who called the investigating officer and said it would be for my son to talk with them with him present. He did not advise me that he did not have to talk without a supena. My son is on probation for an unrelated underage drinking charge. I believe it would be best not to speak with the police. Also, the night of the incident 3 men were hanging out in front of my house out side of a parked suv, I am assuming they were out to finish things with my son.


 


Would you advise not to speak to the police with out a supena?


Cold we give reason that we are concerned for his safety in the form of reprisal?

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. I can't advise your son or you, since we cannot form an attorney-client relationship. I would follow the advise of the local attorney who is actually involved and who has spoken to the police. But again, your son does not have to say anything. That said, if he is on probation, he can be violated based on any alleged criminal conduct (fighting, assesory in theft, etc.) that the police might think he was involved in. So, really important to have a local attorney. Going to the interview with an attorney is definitely the only way to go as far as talking to them. The attorney won't let him say anything that will incriminate him.

If he is concerned about his safety, that doesn't protect him from ultimately having to testify, so he can just tell the police what he is concerned about and what he has seen to support that concern.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17516
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

He was not on probation, he is court supervision. Does that change anything?

Expert:  Marsha411JD replied 1 year ago.
No, court supervision is similar and until he is released, he can be brought back in front of the court for getting in trouble again.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 

Related Criminal Law Questions

Chat Now With A Criminal Lawyer
Marsha411JD
Marsha411JD
Criminal Lawyer
17516 Satisfied Customers
Licensed attorney with 28 yrs. exp. in criminal law