Legal Question in Criminal Law in New York

My son who is 19 was at a party 7 weeks ago thrown by a 17 year old girl when her parents were not home.It was a 3 day party in which he slept ther the first night. At some point over the 3 day period there @ $4,000 missing out of a safe.My son's wallet was missing and was found in the room where the safe was.He was questioned by an officer that tried to coerse him into ammitting to taking the money. My son did not ammit to anything. 2 Weeks later I paid for him to go see his grandfather in florida to get away from this crowd. A week after that a detective came to my house to question my son . I told him he was in Florida and he said that's why he was here because it seemed sucpicious to him that my son went to Florida. I told him that I paid for the trip and have been sending money to my father in law for food. As soon as my son got back from Florida he called the detective and left a message. The dective called 2 weeks later and we went to the precint so he could be questioned . He said he belived my son had no involvement but wanted him to take a lie detector test .He took the test an hour later and was in there for 3 hours they said he failed the questions about the incident and that they were the highest numbers they have ever seen a -17 and told him to come clean.Again my son said he had nothing to do with it and after an hour asked for a lawyer . They kept telling him they had enough to charge him and kept making up stories like they have his finger prints, people saw him flashing alot of money ect...The dectective then got me and explained what happened and told me to talk to him and try to get him to ammit it.He also said the girls parents have an open and shut civil case against me and my wife. I don't how any of this is open and shut since there was over 60 people at this party the girl who threw the party is the only one with the safe key and said she left it open and there was other things stolen as well such as a TV and presciption drugs . Can you please let me know what the next step I should take is.


Asked on 10/18/09, 9:22 pm

3 Answers from Attorneys
Craig McElwee Law Offices of Craig E. McElwee, LLC

Do NOTHING without first speaking to an attorney. If the police had "enough to arrest" your son, then they would have. They are trying to coerce and trick a statement out of your son and/or you. DO NOTHING. SAY NOTHING. GET AN ATTORNEY.

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Answered on 10/23/09, 10:10 pm
Jason Stern Law Offices of Jason Stern

It's rarely in your best interests to speak with police if you are a person of interest or a suspect. Most attorneys would advise that you stop communicating with the police until your son is formally charged, at which point you would retain counsel. In any event, do not allow your son to be questioned further.

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Answered on 10/24/09, 3:52 pm
Robert Evans Robert S. Evans esq.

I agree with both attorney's answers. Inasmuch as your son has not been arrested,I doubt the evidence against him is sufficient for charges to be brought as of now. I can not predict the future,but I strongly advise that you cease all communications with law enforcement officials until you retain the representation of a competent criminal defense attorney.

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Answered on 10/25/09, 11:20 am


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