Legal Question in Criminal Law in California
Witness Rights
A friend of mine who is a minor under the age of 16 witnessed a crime about 6 months ago and did not speak up because he was afraid and did not know what to do. My friend is concerned with what will happen to him or his family if he speaks up now. My friend took no part in the crime, just witnessed it. Are there any consquences to my friend speaking up now to either his family or him considering he is just a child and his motivation for not speaking up was fear?
2 Answers from Attorneys
Re: Witness Rights
More facts are required to outline a more complete course of action. However, the 1st question re "Are there any consquences ..." is whether law enforcement had spoken w/ child/parents b/4 an it was denied that child witnessed anything. If so, then obviouslyfalse information was given to law enf. and perhaps (depending upon the sriousness) obstruction of justice.
If not, then there should be no consequences for any violations of law.
At this point in time the child should inform his parents. HIS PARENTS ARE LEGALLY THE "POINT PERSON" FOR CONTACT WITH THIS CHILD! NOT YOU, NOR ANY THIRD PARTY.
The parents may then contact appropriate authorities.
Most prosecuting agencies have a VICTIM-WITNESS SERVICES DIVISION who the parents may contact.
And of course, THE PARENTS may (should) contact an attorney (criminal) also. This is simply for assisstance interfacing with law enf. and /or prosecuting agency initially. One in the area will likely be familiar with the "player" and local protocal.
Thanks for letting me be of service.
QSimms
Re: Witness Rights
Not volunteering information to law enforcement based upon being a witness IS NOT a crime. There is no legal duty or obligation to provide any information to police whatsoever. However, one cannot lie to the police.
Being afraid of retaliation is a valid concern. This matter should be handled by a criminal attorney.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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