Legal Question in Criminal Law in Oklahoma
Minor accused of petty larceny
My 15 year old son is being accused of petty larceny. A girl at his school dropped her cell phone from her backpack and left the room. The school states that another student said they saw my son pick the phone up. The next day he signed a confession only after being ''interrogated'' for 3-4 hours. He said he only signed the confession because he was tired of sitting in the office and being questioned. It was only after he signed the confession the school notified me, his legal guardian. My son stated to me he did not commit this crime, therefore I refused to pay for the cell phone, which is about $200.00. Now, 3 months later, I receive a phone call stating my son is being charged with petty larceny. What are my, and my sons, legal rights? Should I allow this to go to court or should I just pay for the phone and be done with it? Just a note my other son is 16 and has lost 2-3 cell phones by leaving here or there and I have never tried to charge any of his friends with petty larceny.
1 Answer from Attorneys
Re: Minor accused of petty larceny
I do not know who called you and said that "your son is BEING charged with petty larceny." Either he will be charged or he won't. And if the DA office has charged him or is getting ready to file it, paying for the phone is not going to get the charge dismissed or get them not to file the charge.
If the "confession" is the way you described it, it will not be admissible in court. I always tell my clients that if they really did not commit a crime they should fight it all the way including to a jury trial.
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