Legal Question in Criminal Law in California
My son got arrested from school. Then group of police officers came by the house lead by a detective(street gang unit) with search warrant based on California code 1524 that there is substantial probable cause. List on the warrant items to be seized, not one were found except RIP T shirt my son bought from friends who according to detective are gang members and the print on shirt was now dead due to gang Affiliation. They took him and his cell phone(family property) and some imprinted names of his friends on a paper. None of these were listed on their warrant. So 11 hours after we have no clue what to do next. So we called the Juvenile detention san Diego who one of the officers claims my son was in a group where one kid pulled out a gun and robbed a Man(CA penal code 211) and his belongings and his court date maybe this Friday(3/28/2014),since DA don't work weekends. My son is now 14 years old and arrested (3/25/2014 @1100 am.
My question: We have no information what is going on with my son except this morning, we visited him at the detention and he emphasize he has no clue of the event he was arrested for which in my memory,he was with us in the house all night and he was in school all day ,the day of robbery took place( 3/07/2014). ? Do we parents have rights as to how deep our son's case maybe. Since no Jury for his case, how serious will it be especially he denies, Involvement. I trained him to be friendly with authorities and look up to them as his friends and protector. In my belief the police got from him the truth of whatever they've asked of him.
2 Answers from Attorneys
The only appropriate advice you will be getting is to hire him an attorney. He should have been advised far earlier to 'shut up' and exercise his 5th Amendment rights to remain silent. Now, neither YOU nor anyone else can DO anything for him unless you are an attorney. If serious about hiring counsel for him, feel free to call me to discuss the case and the costs you face.
while I am not a California attorney, the advice provided by attorney Nelson is exactly what any defense attorney will tell you, regardless of the jurisdiction.
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