Legal Question in Criminal Law in California

in custody question

I was allowed to question my son and two other suspects in the back of a patrol car, can this be grounds for dismissal of charges? I wanted to talk to my son and the officer allowed me to, and at the same time I questioned who's drugs were in the car because they were found in the vicinity of the two passengers.


Asked on 1/02/09, 2:53 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: in custody question

Your testimony would be helpful, this assumes you are going to help your son obtain private legal counsel so the legality of the search and seizure can be contested.

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Answered on 1/02/09, 3:31 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: in custody question

It depends. Improper questioning *by the police* can be grounds for dismissal. Questioning by civilians generally cannot, unless they were acting on instructions from the police. Your situation may be in a gray area if asking the questions was your idea but the police caused you to do it where they could record you. I wouldn't hold out much hope if that is what happened, but these circumstances just might be grounds for dismissal.

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Answered on 1/02/09, 3:32 pm
Brian McGinity McGinity Law Office

Re: in custody question

You now need a private attorney to advise you. You will need to provide him or her with a complete set of facts explaining exactly what happen. I will not offer you any further advise because without a complete explanation of the facts, including your son's age and if you work for the Police or any other government agency no one can give you a answer you should rely upon. At the minimum get a consultation with an attorney. Also inform your son not to speak with anyone about the situation until after you have received some legal advise from an attorney. Good luck

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Answered on 1/02/09, 8:20 pm


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