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Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33752
Experience:  Began practicing law in 1992
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My 18 year old son was detained by the police last night.

Customer Question

My 18 year old son was detained by the police last night. When the time approached 4:30 am I became extremely worried, I called his phone and it went straight to voicemail. I then decided to call the police station and they confirmed he was in custody but he was not charged with anything. They stated when the detectives came in they will interview him and decide if he will be charged or allowed to walk away. It is now 8:29 pm and my son is still detained and has not been allowed to call anyone. The police station stated that they do not have to allow him a phone call while he is under investigation. They also stated earlier that the State's Attorney office will need to speak with my son and make the decision to walk. Nevertheless, the State's Attorney Office did not show, he is still "under investigation", no phone call and we have no idea what this is about.

My question is this lawful? Can my son be detained without a phone call or allowed to be represented by a lawyer? Finally do I need to retain a lawyer to get answers?
Submitted: 4 years ago.
Category: Legal
Expert:  Dwayne B. replied 4 years ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

It isn't unlawful although he is technically in custody even if he is not "under arrest".

JD 1992 :

Contrary to television, a phone call is not always allowed.

JD 1992 :

However, he has the right to a lawyer and you would be wise to get one to go handle this before he says something that is not in his best interest.

JACUSTOMER-g42ugzmp- :

When is a reasonable time for him to make a phone call? When will I be able to find out some answers?

JD 1992 :

The police will try to get him to talk without a lawyer.

JD 1992 :

Usually 48-72 hours.

JD 1992 :

I'm not saying it's reasonable but it often takes that long.

JACUSTOMER-g42ugzmp- :

wow, so basically if I want some answers I need to retain a lawyer for him

JD 1992 :

Yes, it would be a good idea to het a lawyer to at least go visit with him at this point.

JD 1992 :

Many, many people are convicted because the police convince them to talk without a lawyer and they say things that eventually hurt their case.

JACUSTOMER-g42ugzmp- :

hmm that is the thing I don't know what has been said or even what the investigation is about

JD 1992 :

I understand but this is one of those situations where it is better to spend just a little money and possibly head off something serious.

JD 1992 :

Most lawyers will go and check on him for a few hundred dollars.

JACUSTOMER-g42ugzmp- :

Ok I will do that in the morning. Thank you for your time and advice

JD 1992 :

You're very welcome. If you remember, come back and let me know what happens.

JD 1992 :

And best wishes to you and your son. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.

JACUSTOMER-g42ugzmp- :

Ok I will, again thank you and I will give you a positive rating

JD 1992 :

Thanks much!