Legal Question in Criminal Law in Washington

The police say that my son is a suspect

He was called in for questioning but they never read him his rights and told him that they needed a written statement or tape recorded statement of his side of the story and he said I want to talk to an attorney. They said well we have one witness that can identify you on the property and the other said you knocked on her door asking for Joshua. The police said okay then he would just process the case as is if he did not hear from him by Friday morning to give his side of the story. The other guy was in the house and got locked up but only told the police that one other person was with him but never gave a name or description of the other person. The kid that is locked up had spent the night at our house the night before and my son said they woke up in the am walked to QFC and then my son went home and his friend left.


Asked on 2/19/08, 3:28 pm

1 Answer from Attorneys
Harry Steinmetz Law Office of Harry S. Steinmetz

Re: The police say that my son is a suspect

For any statement to be subject to the requirement of Miranda rights, it must be "custodial interrogation". Custodial means in custody or not free to leave. Interrogation means it must be questioning or a conversation designed to elicit statements about the alleged crime.

It's unclear is this was custodial, but my first impression is that it was not. I'd need more facts to fully answer that questions. It clearly is questioning about the alleged crime.

As a general rule, it is never in anyone's interest to talk to the police when they are suspected of committing a crime. The police may lie, cheat, bully, threaten and trick someone into making incriminating statements. Furthermore, they are never trying to help out an innocent person. There mission is to pin the crime on their suspect. Unless your son has an air tight alibi, he should never talk to the police. Please have him talk to someone on his side, a lawyer immediately.

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Answered on 2/19/08, 3:58 pm


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