Legal Question in Criminal Law in Indiana

My son was accused of offences with drugs. He was on provation at the time. He was required to appear in court to speak with the judge, No Pretrial, trial, ect session). The judge then asked information concerning the offence. At a later date he was charged for the offence. Is this legal or can this information be used in court proceedings, ?

Steve


Asked on 9/27/10, 6:41 pm

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

If your son was on probation then his rights in a probation revocation or violation of probation hearing are more limited than in a new case. Still he does retain the right to remain silent and should have been advised of that before being asked or invited to answer questions about the new offense, which from the sound of your question, is what forms the basis for the probation revocation or violation of probation. You should consult with a lawyer who and determine if what he said is in fact being used against him or if other independent probable cause exists to suspect him of the new offense.

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Answered on 10/09/10, 7:05 pm


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