Legal Question in Criminal Law in Arizona
My son and a friend were arrested and taken to Juvenile detention facility and held for 10 hours. When we were first called we were told the charges would be Attempted Arson, Criminal Trespass, and Criminal Vandalism and a hearing would be held that afternoon. We were then called and told the county attorney sent it back for further investigation and we could pick up our son. The police said they were breaking molotov cocktails on a concrete slab far away from the building. We took photos of the area and there is no damage except broken glass and a black mark on the concrete. Both boys have no criminal record, or school disciplinary records. They are student-athletes and honor students. They were not being molicious just stupid. What should we do?
1 Answer from Attorneys
The fact the matter has been furthered back to officers is a good sign. The bottom line is the prosecutor wants more information before electing to file charges. Now is an excellent time to retain counsel to communicate with the police and prosecutor. If the incident caused no damage and was truly stupid, then convincing the prosecutor to not file charges may be possible. Or, if charges are submitted, there is a possibility of convincing the prosecutor to allow your son to go through a diversion program: attend counseling or do community service in lieu of charges and a record.
Give me a call if you have any questions.
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