Legal Question in Criminal Law in Pennsylvania

Re: coming

In regard to the car you can file a motion called, "return of property" in the court of common pleas in your county. You may want a lawyer for this motion. If the police are still doing an investigation, or are looking for prints in the car, you may loose the motion, but eventually, you will get the car back.

In regard to going to the police station with or without a lawyer, you should first understand that the United States Supreme COurt has said that police are allowed to lie to suspects of a crime during interogation. That being said, if your kids are suspects the police can ask them whatever they want and lie all they want to try to get your kids to confess to some crime. This includes the police threatening or yelling at your kids. Your kids can "ask" for a lawyer or exercise their constitutional right of silence. THe only thing the police can then do is to tell your kids that they are 'not suspects.' If this is what the police say to the kids, the kids should then tell the cops that they want an immunity order signed by the DA in the county. The actual DA, not an assistant. If the cops laugh at them or say no, remove the kids from the police station. If the cops say no, then ask which kid is under arrest, if they say neither, then they must release them. In other words DO NOT COOPERATE WITH THE COPS AT ALL. In this case, there was a car with guns in it--the driver could be charged with possession of a firearm. BE CAREFUL.

Good Luck. Feel free to call or email. [email protected] or 215.825.5183. Brian.

Re: coming

Your 18 year old is an adult. She should hire an attorney or contact the Office of the Public Defender before talking with the police. You have the right to be present when your minor daughter is questioned by the police and you should hire an attorney or contact the Office of the Public Defender before she submits to questioning by the police as well.

The attorneys will probably advise you both to exercise the right to remain silent at least until they can determine if there are going to be charges filed against either of your daughters. The impound of the vehicle was probably for an inventory search since they found weapons in open sight in the automobile. The car will probably be returned in a short period of time provided nothing else was discovered in the vehicle.

It would be interesting to know the reason for the vehicle stop.