Legal Question in Criminal Law in Louisiana
I live in Louisiana. I have a son who is 17 years old and got caught shop lifting at J.C. Penny. He was with my mother at the time. This is the first time anything like this has happened. I received a phone call from my mother while they were still at Penny's. I explained over the phone to a J.C. Penny employee (don't know who) that I wanted either myself or my wife to be present during questioning, or at the least, my mother to be present. I also explained that my son is learning disabled and while he does understad right from wrong, he is borderline average intelligence. I was told that they were already conducting interviewing him and would be done soon and that that would not stop. They conducted their interview and had the police conduct an interview without me, or my wife, or my mother as guardian present in the interview. I recevied a phone call after it had concluded. Is it legal for them to do this?
2 Answers from Attorneys
At 17 every person in Louisiana is an adult for purposes of criminal prosecution. He is an adult in this situation. Either he did it or did not. Work from there. Good luck.
When you obtain his lawyer inform him of the diminished intelligence issue. For criminal law purposes a 17 year old is an adult in Louisiana.
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