#Parenting #LegalAdvice #FireworksIncident
Hey parents, I need some advice! 🚨 My minor son got caught up in a fireworks incident and now the cops want him to make a statement at the station. 😬 Should I be worried? Does he need a lawyer? Here’s a little background:
– My son and his friends were lighting off fireworks in a park
– Some girls reported that the fireworks went off near them
– The cops want a statement to “close out” the report
– The officer said no-one was hurt and seemed understanding
I’m scared for my son, he’s a great kid but sometimes gets caught up in the moment. 😔 Any thoughts? Should I get a lawyer involved? The cop did mention it’s not urgent and can wait until after his days off. Any advice or similar experiences are truly appreciated! Let’s help each other out. 😊👍🏼
Possible Solution:
– Consider seeking legal advice to protect your son’s rights and ensure the best possible outcome.
– Talk to the reporting officer about your concerns and see if a compromise can be reached.
– Have an open and honest conversation with your son about the situation and educate him on the consequences of his actions.
Let’s support each other and share our knowledge to navigate this difficult situation! 👩🏻⚖️👨🏻⚖️ #ParentingCommunity #LegalSupport #KeepingKidsSafe
The general advice is don’t try to tell his side. The officer can lie here, they can say they just want it to be kids being kids but once he’s in a room get him to confess to a crime.
>The cops want my minor son to make a statement about a fireworks incident. Does he need a lawyer?
Not at this time, no.
>Should I be scared for my son?
Insofar as being scared is unproductive, no, you should not be scared.
>Side note: the cop was like “no rush on coming in, whether it’s Tuesday or Wednesday, I just want to close out the report before my days off.” Thoughts? Advice?
Don’t talk to the police. Stop talking to the police. Don’t have him talk to the police.
Do not voluntarily speak to police. Period.
If your son is detained or arrested for the incident, the only thing he should say, other than to offer his identification, is “I invoke the fifth amendment and will not answer questions. I would like a lawyer present at this time.”
Give him a little card for him to carry around that has that statement on it and tell him to read it if he is brought into the station, and to say nothing else.
No experienced criminal defense attorney will ever advise someone to make a voluntary statement to the police without an attorney. No one ever regrets NOT talking to the police, but plenty of people regret that they did.
Let’s say he goes in and apologizes for the incident, but then they start asking him about another fireworks incident where there was damage? It’s tough to deny involvement when he just admitted being involved in a similar incident. It’s downhill from there.
Politely decline to make a statement. If they continue to contact you, you’ll need to consult with an experienced juvenile defender.
Never make voluntary statements to police regardless of your intentions. Police have been known to try to turn it on the person making the voluntary statement. They don’t need a lawyer unless they are under arrest.
Remain silent. Only respond to official court subpoenas and if there is a belief that the statement could incriminate your son, then consult with a lawyer.
They’ll say what they think you want to hear in order to get the statement. Police are allowed to lie to you, as in the Supreme Court has said that they are allowed to lie to you. He maybe telling the truth and will take the statement and close the case out or he may get him in there, illicit a confession, and then charge him. He may have already gathered enough evidence/statements that he already plans on charging your son wether or not he makes a statement but a confession will make it that much easier to prosecute and usually ends up in a guilty plea. Either way, giving a statement/confession is a bad idea but I would consider it if there’s concrete evidence of him being guilty i.e. video proof on the chance that he was telling the truth and will close the case. Luckily he’s a minor and will get off light if adjudicated delinquent (in general minors charges are not “crimes” but delinquent acts) and will hopefully make better decisions in the future.
There is no side to tell. Don’t talk to police, and certainly do not let your kid talk to police. If they really need a statement, they can bring a warrant.
Spoiler: They won’t bring a warrant.
Tell them no.
>I spoke with the reporting officer and he said no-one was hurt and that he would be happy to chalk this up to kids being kids, but he still needs a statement from my son and the others he was with to “close out”the report.
Sure, Jan! Cops are allowed to lie in order to get a confession. Do not voluntarily speak with the police. Get a lawyer if they get taken in for question. Talk to your son and have him rehearse “I want my attorney.”
I’d tell your son not to use fireworks illegally.
Don’t go in. Don’t answer questions. Don’t admit to being there or anything else. He is under no obligation to answer any questions.
The police are 100% capable of closing out a report without getting a statement/confession from the perpetrator. They’re being chill and non-confrontational to increase their odds of getting a confession and an easy case.
LAWYER.
It’s no one’s obligation to help cops complete paperwork. Fuck em
My advice, plead the 5th and leave it at that. As always, “anything you say, can and will be used against you in a court of law”.
What if the police file their report and the DA decides to prosecute, what then? The police don’t decide what goes to trial, the district attorney does, so I strongly advise you to not make any voluntary statements to police.
Also, never give a statement to police without having an attorney present, so if they pressure you, make sure you get one.
ETA
Decline, if not declining lawyer up.
I would guess that if the police are following up like this they suspect him of more than just lighting fireworks. Such as, maybe someone was injured by the firework or property damage occurred. At the moment he does not need a lawyer and he is under no legal obligation to voluntarily speak with police. If a warrant is signed then he needs a lawyer.
DO NOT TALK TO THE POLICE WITHOUT REPRESENTATION!!!!
There is no side to tell. I would not take him to the station. I would simply state we have no information to share and unless he is under arrest no one will be making any statements or offering any infromation unless it is court ordered.
The thing with “making a statement” is anything can be used against you.
I say this, I was once a kid that gave a statement to police and now Im rooted in contract law with a Masters in Criminology. It is never a good idea to talk to police without representation.
Don’t trust the police. They are under no obligation to tell you the truth or explain what is going on. Their job is to charge people with crimes and forward their investigations to the prosecutors. Never volunteer info to the police because you have no idea what they will do with it. It’s not up to you to find information for the police, they are the investigators. Keep your mouth shut and only talk through your lawyer.
Do not speak to any officer without a lawyer present outside of simple traffic citations EVER. There is no such thing as Kids being Kids. Chances are that the officer is going to pin them for illegally possessing and igniting fireworks. Because a lot of places have age laws for them AND most public parks have laws about not having them there.
Since it sounds like a bunch of teenagers were involved I’d consider the fact that something was probably recorded for TikTok or whatever social media they use, so what would you do if you knew there was footage of their activity?
FYI I work in juvenile court.
No one child or adult, should ever talk to the police without an atty present. Do not ever be worried about “what if they think that means I’m guilty”. Nope. Just get an atty and have them present at every talk. Period.
Don’t even go in
Get your kid a lawyer.
I am from a cop family, my mom, my dad, my husband.
My mom ALWAYS told me that 1st, if stopped for more than a traffic ticket request a female officer and a supervisor and 2nd say nothing without a lawyer.
First: Delete this post, because you say your son was setting off fireworks. From now on, if you must talk about the incident to anyone, only talk about it vaguely and do not say your son was involved. Instead of “my son was setting off fireworks” it should be “the police think my son was involved in a fireworks incident.”
Second: stop talking to the police. You’ve already spoken to them too much. If they call or drop by, tell them you and your son will not be speaking to the police without a lawyer and you do not consent to having the police speak to your son in any capacity without you present.
Third: delete this and stop talking to the police.
> I spoke with the reporting officer and he said no-one was hurt and that he would be happy to chalk this up to kids being kids, but he still needs a statement from my son and the others he was with to “close out”the report.
This is police jargon for, “I think you’re a rube. Please send your son down to the station to incriminate himself so I can arrest him.”
You’ve already gotten the answer, but I’m going to chime in anyway: do not talk to the police. Full stop. They don’t need his statement to “close out” shit, they want him to incriminate himself so they can press charges. You have nothing to gain and everything to lose by letting your kid go in there voluntarily. Don’t be scared for your kid, protect him by telling the cops he will NOT be showing up for any voluntary interviews, and if they want him in there they can come with a warrant to arrest him, at which point you’ll be given a lawyer, through whom all conversations should be filtered.
The only thing he should say to the police is “am I under arrest?” And that’s only if they show up at your house and ask for him.