Legal Question in Criminal Law in Texas

Should I Believe The Detective?

Two days ago a very pleasant detective called and told my wife our son had been identified, from a photo line-up, taking (from a backyard storage) an expensive commercial grade weed-eater. There are two, possibly three similar instances and he is considered the primary suspect. The detective is encouraging us to have our son come in and admit all that he's taken in the past, with locations, and if he woluld be forthcoming he would probably only be charged with two or three of the possible numerous charges. We have not had contact with our son since all of this began, but have talked with his girl friend. We have asked her to plead with him to at least talk with the detective. (The detective says that by getting a lawyer will make it impossible for him to communicate with him and help him get the lighter sentence). I'm somewhat suspicious of the detectives motives and wonder if he's being completely truthful with us. Should we consider retaining an attorney or do as the detective suggested? Of course a court appointed attorney would have to be considered since he is certainly indigent. My concern for providing an attorney is both the expense, and making him completely responsible for his actions.


Asked on 6/25/03, 1:34 am

1 Answer from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: Should I Believe The Detective?

The detective says that by getting a lawyer will make it impossible for him to communicate with him and help him get the lighter sentence. It may well be truthful that hiring a lawyer will prevent your son from confessing to the police and not confessing may help your son get a lighter sentence. If the sum total of evidence is a guess from a photographic lineup, there may be many issues which can be raised. One thing you did mention was that making your son responsible for his actions (if he is guilty or associating with those who may be guilty) even if he is in the right but by his actions placed himself in a position to be accused would be a goal, and that may be a good goal. Theft is a crime of moral turpitude and a conviciton for theft could have life long consequences. If he is to be charged with a crime, he will need a lawyer at some point and that lawyer will want the best case he can present. A confession would certainly damage your son's chances for the best result.

http://www.reasonable-doubt.com

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Answered on 6/25/03, 11:49 am


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