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

Two men attacked him he...
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.
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Answered in 6 minutes by:
7/2/2013
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,556
Experience: Licensed attorney with 29 yrs. exp. in criminal law
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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.
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Customer reply replied 4 years 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?

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
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,556
Experience: Licensed attorney with 29 yrs. exp. in criminal law
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Customer reply replied 4 years ago

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

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.
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Marsha411JD
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