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What are the legalities of an officer insisting on a meeting on an "incident" that happened on Saturday night tonight after 11 pm? my son who is 18 is being accused / harassed by an officer saying he gave alcohol to a minor and 17 yr old girl who was cited for mip. My son says not he did not that she entered our residence with it. They have no proof of anything. Nothing that says he gave her any. He had told them that he did not give her any. Now, they are saying they will be at our home after 11 pm to talk to him again.
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A request indicates that they want you to voluntarily come in for questioning. You can, however, ignore or refuse a request to come in for questioning -- but police may then choose to arrest you and take you into custody. They of course would need probable cause to do so.
They did get involved until the other 17 yr old went home and her parents called the police because they didn't think their daughter would drink? I don't know. They just showed up at our door wanting to talk to our son with no proof he did anything wrong. He was very forthcoming and explained he didn't give them any. Now he is being questioned again at this time of night? Because the other parents are pushing the issue?
Your son could refuse to talk to the police. If they are intent on making numerous visits they can decide to arrest you son based on the testimony of the girl and minor.
The police will try to get your son to voluntarily admit to giving the girl alcohol. Talking to them in your home is a means to try to get "voluntary" statements which can be used at trial. I have seen instances where the police have picked up individuals transported them to the station. After a couple of hours of questioning our client called us. We had to demand that the individual be charged or released. The individual was released just about immediately.
Your best defense here is to get an attorney. The investigator will try to convince your son he has to speak, and that he can't refuse to respond. If he has an attorney the police will be more limited on what they can do. A criminal record will impact your sons ability to find work, and some professions.
and if their is absolutely no proof? It's a he said she said with no evidence.
That is what the jury system is about. They will decide the credibility of the parties. Make no mistake the standard is "proof beyond reasonable doubt" Testimony is evidence. A prosecutor will not go to trial unless he thinks he can win. The investigator is there to try yo get an incriminating statement. for example he will ask if your son bought any alcohol that evening, did he frequent any bars. If the girl already had alcohol; did he help purchase it etc. etc. The police are there to build a case. They will turn their facts over to the prosecutor. If a prosecutor just has 2 conflicting statement the case will not go to trial.
An arrest is not a conviction. Lawyers are there to make sure your son doesn't incriminate himself and , doesn't make statements which will be interpreted against him. They will also try to get him to plead guilty with a promise of probation or minimal jail time. Some people just plead to get it over with.They will honor the promise but your son will have a record.
Thank you for your help I truly appreciate it.