QUESTION

Can I tell the Detective that I am not comfortable that is guilty of anything and I do not wish to work with them?

Asked on Mar 20th, 2013 on Criminal Law - California
More details to this question:
The City Police called me when my 16 son had drug paraphernalia on him but they are charging the driver who is over 21, with Child Endangerment. I know his friend well and he is the one that got my son away from the druggies but obviously slipped. He saw his girlfriend and they got into a fight so he took his weed pipe and hers. He called his friend who is over 21 because he was stranded and it was winter and now the Police are charging his friend with Child Endangerment. They tried for an hour to get him to say the paraphernalia belonged to his friend but he never did. He told me later where the two pipes came from and his friend that was the driver had no idea. They want to talk to me about what I think. I can tell they have it for his friend and it was my son's poor choice.
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Michael J. Breczinski
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Answered on Mar 25th, 2013 at 9:49 PM
You do not have to talk to the police if you do not want to do so. Your son can testify at the trial for the other person.

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Answered on Mar 25th, 2013 at 1:46 AM
The 21 year old has a Public Defender (or he is paying lots of money for a private attorney). He needs a lawyer. In the meantime you don't have to talk to the police. Say the 21 year old is charged with a serious crime and you want the police to deal with the 21 year old through his attorney. Neither you nor your son has to talk to the police about anything. Be sure you don't write anything on the internet any more or talk to ANYONE about this.

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Jeff Fengcheng Yeh
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Answered on Mar 21st, 2013 at 10:26 PM
Not only is it okay, it is the best choice you can make. You have the right to remain silent, and should NEVER be talking to a detective on your own.

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Answered on Mar 21st, 2013 at 9:24 PM
You can tell the detectives whatever you want, then they will make a decision based on your decision. Hopefully everyone can live with the decisions that are made.

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Answered on Mar 21st, 2013 at 8:59 PM
Let your son testify for his adult friend, clearly.

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Answered on Mar 21st, 2013 at 8:55 PM
You can tell them whatever you want. Of course, you don't get to decide whether or not this guy is going to be charged with a crime. Even the cops don't get to decide that. The cops will gather as much evidence as they can, then they'll write up some detailed reports. They'll submit their reports to the DA and the DA will decide who is going to be accused of a crime. Since you are not a party to the case, you're not a victim, you're not even a witness, they really don't care how you feel (unfortunately). If you really want to help this guy, hire him a lawyer.

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