Legal Question in Criminal Law in Texas

My son and friends are charged with burglery he is 15

My son and 7 of his friends went into a house that has sat empty for 3 years. his friends had been there before. and have bragged about taking things. One girl bragged about taking a gun and selling it. Lastnight i got a knock on my door from a police officer stating i needed to bring my son to the courthouse at 7pm. i did and spoke with a judge and was told that my son could make a statement and then be released back to my custody or not and hire an attorney in which he would have a warrent and be picked up. if he made a statement he would be in our custody until his hearing when his punishment would be told. the police officer told us the same thing. tonight we recieve a call that my son would be picked up at school and taken to juvenile hall. my son gave a statement that he did go in the home and took $2.00 in quarters. what should we do? The police officer denies ever saying that my son would remain in our cusstody until a hearing. I feel we were lied to.


Asked on 1/15/04, 2:55 am

1 Answer from Attorneys
Barrett McKinney Law Offices of Barrett J. McKinney, P.C.

Re: My son and friends are charged with burglery he is 15

Your son was taken before the judge (magistrate) because that is required before the police can take a statement from him because of his age.

If the formalities of taking this statement were not followed then you can attempt to have it suppressed.

Never give any statement to the police without first consulting with an attorney.

You can get the court to set a bond if one has not already been set and get your son out of detention pending trial.

Your son�s case while meeting the statutory elements of Burglary of a Habitation should more likely be handled as a Criminal Trespass.

You need to get a criminal attorney in your area who is familiar with juvenile law.

I would look for someone who is a former prosecutor in that jurisdiction.

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Answered on 1/15/04, 9:08 am


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