Legal Question in Criminal Law in Massachusetts

Police Interviews

My 17yr. old son along with his classmates were questioned by police at school when a note was found threatening that a bomb was going to be activated at the school. A detective called this evening and and wanted my son to come to the station to be questioned again. The detective told him that all of the students were coming in. I told him no. I wasn't comfortable with it. The detective told me that he would fill out paperwork and bring him in. I told him if that was the case then I would hire an attorney to accompany him. My son does not have any information about the note and has not been in trouble in the past. Does the detective have the right to harrass....interview.... all of the students at his discretion?


Asked on 12/06/05, 9:09 pm

2 Answers from Attorneys
Robert Kidd Law Offices of Robert P. Kidd

Re: Police Interviews

Sounds like you're making the right decision in keeping your son away from the police. The only reason police would want to talk to your son is to gather information about a crime, meaning they probably do not yet have probable cause to bring charges against any one. They are hoping the kids will supply information implicating eachother or others in the crime. That is just my guess.

Police have no right to interview any one and your son always has an absolute constitutional right to remain silent. Police can call you and ask you for the interview and you can decline for no reason. I suggest you contact an attorney ASAP.

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Answered on 12/06/05, 10:20 pm
Martha Kovner Law Offices of Martha J. Kovner

Re: Police Interviews

The police can always ask someone to come down and speak with them. A person has the right to remain silent and does not have to speak with the police. I would definitely hire an attorney as soon as possible who can then speak with the police on your son's behalf. Sometimes if one speaks with the police it is a way of preventing charges from being taken out against them. Unfortunately it sometimes enables the police to strengthen their case. Definitely talk to an attorney and then take it one step at a time. I hope that this helps--please feel free to contact me further at [email protected].

Martha Kovner

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Answered on 12/06/05, 11:14 pm


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