Legal Question in Criminal Law in California

Re: criminal law

If your sone goes to talk to the detective volutarily anything and everything he says can be used against him.

The commonly called "Miranda Rights" don't come into play unless a person is in a "custodial interrogation" setting. If a person is the subject of an investigation, is in custody, and asked questions likely to incriminate themselves they are entitled to be told by the law enforcement official that they have the right to remain silent, that their statements could and would be used against them and that they have a right to have their attorney present. If they aren't in custody the rights don't kick in. The courts consider going volutarily to talk to the police as a "consensual encounter" and not under the Miranda umbrella.

To best preserve your son's rights, it is always a good idea to consult with an attorney first who you can tell the specifics of the events and among the three of you decide the best way to respond to the police request.

Good luck,

Re: criminal law

Your son should not answer any questions, NOT ONE WORD, or meet with any detective without an attorney present, period.

Re: criminal law

Penalized? Not for moving with PO consent. However, he sure can be charged with a crime if they think they have evidence. If he and his attorney think it is to his advantage to offer info to the police that might convince them not to charge him, then do so. He would be quite unwise to talk to them without counsel. Feel free to contact me if he wants legal representation, if the case is in SoCal.