Legal Question in Criminal Law in Indiana

I am from a very small town in Indiana, which the police department has been in the news several times being accused of doing things that were not within the law.

My son who is 19, was at a friends house, the parents were there along with three boys who was under age, my son being one of them. Their was a knock at the door and one of the boys opened the door to find six police officers at the door, he closed the door and went to tell the boy who actually lived there that police was at the door, the police officer opened the door and yelled the name of the boy who had opened the door and then closed it.......yes this police officer was the boys ex step dad, the police came into the house pulled my son and the other boy out of their beds ask them if they had been drinking Iam not sure what they other boys told them but my son said no. They did not ask them they told them to go out side and take a breath test, my son was the last one to take the test and it showed .014 which he told me not the police he had played one game of beer pong three hours before and honeslty did not think he was lieing to the police officer. They did not read them thier rights......searched the house for more kids who they did not find said the reason they came there was cause they got a call saying thier was a party going on but of course when they got there everyone was in bed so no party but they still continued with this witch hunt my son was taken to jail in hand cuffs and booked for minor consumption......I realize this really is not such a big charge, however my son has been accepted to a really good college with several scholarships, and he is planing on going into law.....I really can not afford a attorney, however we can not afford for this to be on his record either, he could lose his scholarships........this was clearly a ex step dad trying to make a impacted on his ex step son and my son got caught in the middle, what can I do? My son had to ask the officer after being put into the car in handcuffs what he was being charged with. Can I ask for the arresting officers report? Can I ask to see it? Can I make a appointment with the DA? Iam so lost and not sure where to turn.


Asked on 6/29/10, 7:41 am

1 Answer from Attorneys
Jorge GEORGE Rodriguez Law Offices of Jorge "George" Rodriguez

It is a lot easier to keep this off his record than trying to get it off his record later. In fact in Indiana, it is usually on his record for life if he is found guilty. Trying to represent yourself or your son without a lawyer is not advisable. Consider hiring an experienced attorney who can give your son the best advice about how to proceed. If your son can't afford to hire an attorney, the court is required to appoint one for him.

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Answered on 6/29/10, 12:39 pm


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