Legal Question in Criminal Law in Maryland
My son is being charged with theft for pawning his own items and accompanying a couple of his other firends who took their parents jewlry. My son had pawned items previously at a particular pawn shop. THe shop owner then used his name/account when the other boys came in to pawn items. My son had also pawned some old computer monitors that his father gave him. He waived his rights and made a statement after being coerced to say all of the items were his Dads. Now the state wants his Dad to testify against him to say the items were stolen when they were not. Can his Dad be forced to press charges against his own son? Can my son be held liable for the items that the other boys brought into the pawn shop? By the way, none of the items were reported stolen.
3 Answers from Attorneys
Possibly, yes, unless the items were truly not stolen. But otherwise it's going to take a good defense lawyer to avoid conviction. I'd be happy to sit down with you to discuss.
An excellent example of why you should not talk to the police without a lawyer. Statements made my your son can be used against him. His dad should also not talk to the police without talking to a lawyer first, otherwise making a bad situation worse.
Anyone may be accused of a crime. Whether the state can prove it is another matter. Anytime that anyone speaks to an investigator he runs the risk that what he says will be used by the state to prove his guilt. Whether he thinks he is guilty is not the issue. Whether a jury would believe it is.
There is no parent / child privilege like the attorney / client privilege. A father may be forced to testify against his son under threat of contempt of court. Depending on what the witnesses say and what the documents indicate, he might be convicted. Trials are about evidence and what can be proven.
Related Questions & Answers
-
How do i get my money back after my drug case is over Asked 3/14/11, 11:11 am in United States Maryland Criminal Law
-
I was placed on a stet docket in oct 2010 and told to do 30hr of community service... Asked 3/07/11, 11:29 pm in United States Maryland Criminal Law
-
What is the statue of limitations on breaking and entering in maryland? Asked 3/05/11, 9:58 am in United States Maryland Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
