Legal Question in Civil Rights Law in California

contacting witnesses to a crime

Our son was arrested in a stabbing incident at his high school. Unfortunately he resembles the true suspect who turned himself in 10 days later. Police have placed all blame (of our son's arrest) on the victim and witnesses identifying our son as the suspect. Based on FALSE evidence police state in the incident report--linking our son to the crime--we do not believe a word they say about anyone identifying our son as the suspect. Our question is-even though the case against the true suspect is still open, can we question the adult witnesses about whether or not they identified our son as the original suspect? We would like to hear their own recollection. We have a redacted copy of the incident report however we know the name and phone number of at least one adult witness. We would not harrass her. We would ask if she would answer questions as to if she identified our son as the original suspect. If she is not willing to talk, then that is fine. We would like to do the same with other adult witnesses. Can we question them (adults) to see if they are willing to talk? Also, our son gave the names of 4 alibi witnesses while being questioned. Shouldn't police have interviewed each prior to jailing him on a felony?


Asked on 2/11/07, 3:14 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: contacting witnesses to a crime

I am not a criminal lawyer. If your son was released without any charges being brought, count your lucky stars. If he's being charged, retain a criminal attorney. I don't think it's wise for the family, themselves, to be contacting supposed witnesses. They might allege harassment which could develop into more serious issues for you.

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Answered on 2/16/07, 7:16 pm


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