Legal Question in Criminal Law in New York

criminal law

son was told by a policeman he wanted to ask him a couple of questions. as it turns out they said they had a tape of a friend of his allegidly talking to him on the phone in my house admitting his guilt to moving a four wheeler for this friend knowing it was stolen. they do not to my knowledge have this tape. also my son said he kept telling them he did not know it was stolen. they said they taped him admitting it. can i get these tapes if they do exist? AND IF THEY DON'T WHAT CAN I DO?


Asked on 9/25/07, 12:14 pm

3 Answers from Attorneys
James Kats James S. Kats, Esq.

Re: criminal law

Yes, you can get the tapes, IF your son is prosecuted. The prosecution would have to turn them over to your attorney.

If the tapes do not exist, there's nothing I know of that you can do. I'm not sure what you would LIKE to do if they don't exist. It's not clear from your question whether your son has been arrested or charged with anything.

James Kats, Esq. www.lawjsk.com

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Answered on 9/26/07, 9:45 am
Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: criminal law

What you really need to do is sit down and consult with an attorney along with your son. The police are allowed to use a ruse to get someone to admit to a crime (in other words they can lie about evidence that doesn't actually exist). However, there are boundaries and limits to exactly how far they can take it. Call a lawyer and set up an appointment.

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Answered on 9/25/07, 12:22 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: criminal law

You really need to speak with a criminal defense attorney. Trying to deal with the police yourself may make the situation much worse for your son.

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Answered on 9/25/07, 1:42 pm


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