Legal Question in Criminal Law in Minnesota

giving a statement

Two 17 year old boys (best friends) have a dissagreement about a girl and get into a physical fight. (no weapons) no charges or statements have been given to police and police were not notified at the time of the fight.The boys have since reconciled their friendship. One of the boys lost 2 teeth requiring medical and dental attention. the police are wanting both boys to give statements. Should the boys give statements or not, and what will happen if they do or don't? What is our next step?


Asked on 1/09/09, 12:03 pm

2 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: giving a statement

It depends what your goal may be. If your goal is to avoid criminal prosecution of one or both young men, then they should completely avoid, at all costs, any contact or statements to police. If they do give statements, one or both would probably be charged with assault. If they refuse, the police often will use various tactics to manipulate them into giving a statement. If those fail, they will eventually give up. The prosecutor would then have to decide whether to charge a crime based upon the other evidence they might have. Relatively few cases without statments to police by the accused, are ever chrged - though some are. Giving a statement makes it much more likely there will be a criminal case filed.

FFI: http://www.liberty-lawyer.com

http://www.liberty-lawyer.com/domesticcrimecharges/domesticstatutesmn.html

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Answered on 1/09/09, 12:28 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: giving a statement

No person can be forced to make a statement to the police. In most if not every, case, it would be wise to politely decline. Charges are unlikely unless there is some independent evidence of what took place.

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Answered on 1/09/09, 3:36 pm


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