Legal Question in Criminal Law in Alabama

Juvenile

My sixteen year old nephew was caught at school selling a dime bag of pot at school. He is suppose to go friday to the police station to give a statment friday. are they going to arrest him ahter he fills out the statement


Asked on 4/21/09, 2:01 pm

1 Answer from Attorneys

William Pfeifer Pfeifer LLC

Re: Juvenile

Let's back up a step first because you are starting in the wrong place. Your nephew is not "supposed to go friday to the police station to give a statement," he is supposed to exercise his constitutional right to remain silent. He has the right to refuse to answer any and all questions about his involvement in criminal activity, and he should exercise that right. Instead of taking him to the police station so that he can put his neck in the noose with a confession, he should be going to see a criminal defense lawyer to see what defenses he has to this accusation. He does not need to be discussing it with the police, with teachers, or even with you. Tell him to shut up, tell him not to give a statement to anyone, and take him to a lawyer immediately.

To answer your question, yes he would probably be arrested after giving a statement to the police. The statement would constitute a confession to two felony charges, and even if they don't arrest him that day they will arrest him shortly thereafter.

Take him to see a criminal defense lawyer right away, before the situation gets out of control. Our firm handles criminal defense cases, and we will be glad to discuss representing your nephew. If we can be of assistance, please give us a call or send us an email.

Good luck.

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Answered on 4/21/09, 2:23 pm


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