Weapons, Guns, Firearms Son arrested at College

[Halley_Williams]

So if the police contact the kids they can just ignore them without any legal ramifications? When my son's girlfriend told them she would not speak to them without an attorney they asked for the name of her attorney. She has not yet retained one yet. Do we have to give them that info?

 

[bluemann33]

So if the police contact the kids they can just ignore them without any legal ramifications? When my son's girlfriend told them she would not speak to them without an attorney they asked for the name of her attorney. She has not yet retained one yet. Do we have to give them that info?

No. You do not have to communicate with police in any way or tell them who your attorney is. Until your son or his girlfriend is arrested then you noone has to answer any phone calls or questions of any kind. IF someone is arrested then do as mighty said and retain councel and let their attorney answer or be present during questioning. Good luck.

 

[jacksgal]

So if the police contact the kids they can just ignore them without any legal ramifications? When my son's girlfriend told them she would not speak to them without an attorney they asked for the name of her attorney. She has not yet retained one yet. Do we have to give them that info?

Not talking to Police is wise however its not without consequences possibly. They might hold him or even charge him based on what they which means you will need to bail him out or let him sit in jail for a while. Charged or not its my opinion you talk to a Lawyer "today" to find out what should be his actions or nonactions based on what Police do next. Its easier to get that info now than seek out an Attorney after hes jailed

 

[Halley_Williams]

Not talking to Police is wise however its not without consequences possibly. They might hold him or even charge him based on what they which means you will need to bail him out or let him sit in jail for a while. Charged or not its my opinion you talk to a Lawyer "today" to find out what should be his actions or nonactions based on what Police do next. Its easier to get that info now than seek out an Attorney after hes jailed

The kids are afraid of the consequences. I have called numerous law firms in the area (as instructed by a NYS attorney) with no response. I finally contacted the bar association of the county and was told I will be contacted this week. I would like to have an attorney on "speed dial" just in case.

Thank you all again for your assistance. This is a nightmare.

 

[mightymoose]

So if the police contact the kids they can just ignore them without any legal ramifications? When my son's girlfriend told them she would not speak to them without an attorney they asked for the name of her attorney. She has not yet retained one yet. Do we have to give them that info?

You have the right to remain silent.
Anything you say may be used against you in court.

Knowing that, why would you say anything at all? It amazes me how many people will just start yapping away trying to save their skin immediately after I tell them they don't have to talk to me.

They will not get in trouble for NOT talking to the police. They MIGHT get in trouble if they DO talk to the police.

Again, the police seem to have nothing in this case. They need the interviews to obtain their evidence. Don't make it easy for them.

No- you do not have to give the a name of an attorney. If someone is arrested THEN they can find out who is representing them. On the other hand, if you do retain an attorney then you can direct everything through that attorney and they will really have no reason to contact you. Personally, I wouldn't mind telling them to go fly a kite... I would wait until they decided to arrest me before I spend a dime on my defense.

 

[Halley_Williams]

You have the right to remain silent.
Anything you say may be used against you in court.

Knowing that, why would you say anything at all? It amazes me how many people will just start yapping away trying to save their skin immediately after I tell them they don't have to talk to me.

They will not get in trouble for NOT talking to the police. They MIGHT get in trouble if they DO talk to the police.

Again, the police seem to have nothing in this case. They need the interviews to obtain their evidence. Don't make it easy for them.

No- you do not have to give the a name of an attorney. If someone is arrested THEN they can find out who is representing them. On the other hand, if you do retain an attorney then you can direct everything through that attorney and they will really have no reason to contact you. Personally, I wouldn't mind telling them to go fly a kite... I would wait until they decided to arrest me before I spend a dime on my defense.

Mighty, you are absolutely right in everything you have said. I was nervous about the advice I have received on here, not knowing anyone etc but you have been correct and I thank you. I spoke to an attorney near the University and he stated exactly what you did, not to talk to the police at all. He said they are not stupid and they know they are not supposed to contact the kids but they are and if the kids call back then it is a bonus for them to try to make conversation. He said they are collecting evidence to make a case and it could take up to three months before formal charges are drawn. He doesn't think they have any evidence because they would not threaten to convict my son because they had his fingerprints on the alarm, they would have just sent them out and waited for the results rather then threaten.

They did try a new tactic today on my son's girlfriend and she is contacting an attorney about this. The Dean asked to meet with her. She hasn't replied to him yet and doesn't want to until she speaks to her attorney. We think they are trying to get her to turn on my son and blame him. I really want this to all go away soon.

 

[mightymoose]

We think they are trying to get her to turn on my son and blame him. I really want this to all go away soon.

If I were working the case against your son that is exactly what I would do. If she does end up talking to them, don't try and refute anything- KEEP QUIET!

The police may be wrong, but since they are so focused on your son it makes the deputy in me think that there just might be something to it. There must be some reason they are pressing so hard. It is a petty offense though. They will only have the evidence that you give them. Keep quiet and you won't have to worry about anything.

 

[bluemann33]

Oh yea they will tell her if she "tells" on him that she will not get in any trouble, blah blah blah....Dont worry this will all be over soon. Good luck.

 

[Halley_Williams]

If I were working the case against your son that is exactly what I would do. If she does end up talking to them, don't try and refute anything- KEEP QUIET!

The police may be wrong, but since they are so focused on your son it makes the deputy in me think that there just might be something to it. There must be some reason they are pressing so hard. It is a petty offense though. They will only have the evidence that you give them. Keep quiet and you won't have to worry about anything.

They were the last two out of the sorority house so that is what they are going on even though the alarm didn't sound until they were on the bus. The alarm also went off in the same house at 2:40am that same night.

There was another incident on campus a few hours earlier then my son's incident. I'll post the link below. This is not my son! Just posting for some reason why the cops may be looking to make another arrest.



http://www.lehighvalleylive.com/bethlehem/index.ssf/2010/11/naked_19-year-old_allegedly_as.html

 

[mightymoose]

The circumstances seem to give your son a pretty good argument for defense... but I bet it is a slim chance he will end up in court if he stops cooperating.
This is super petty... these must be small time police with nothing better to do. It is amusing to me that such a case is being worked so hard.

 

[Halley_Williams]

The circumstances seem to give your son a pretty good argument for defense... but I bet it is a slim chance he will end up in court if he stops cooperating.
This is super petty... these must be small time police with nothing better to do. It is amusing to me that such a case is being worked so hard.

I agree. I wish I knew why they wanted this conviction so badly. My son and his girlfriend did not take the questioning seriously because they knew they were innocent, so maybe the police took it as a sign of disrespect towards them. When I called the station to question them, the officer who answered the phone kept threatening to hang up on me because of my tone. He laughed at statements I made and was so rude. When I mentioned a lawyer and told him we were driving up to the campus the following morning he began to back off and tell me that wasn't necessary, etc. I think they made mistakes and they are trying to cover themselves....and they have nothing else to do.