Legal Question in Criminal Law in South Carolina
malicious injury to personal property
My son is 15 yrs old. An officer has accused him of malicious injury to personal property. He has not been arrested yet. Should I hire an attorney before taking him in for questioning? And, what is the penalty for this? The charge is in South Carolina, but we currently live in North Carolina.
1 Answer from Attorneys
Re: malicious injury to personal property
He absolutely should have an attorney and I will tell you why. It is the job of the police to investigate, arrest and help prosecute. The only reason that they want to speak with your son is to collect evidence against him. They will tell you that all they are trying to do is "clear this up." But don't believe it. Sometimes that is what happens. Sometimes they will interview the individual and close the case. But that is the exception. I cannot adivse you to have him talk to the police or not, since I don't know anything about the facts or allegations. However, I can tell you that often it is in the defendant's best interest to not be questioned. I also cannot tell you what the penalty is without knowing the value of the damaged property. You are welcome to call or email. Robert Johnston