Legal Advice
[views:3744][posts:46]______________________________________
[Nov 14,2008 11:35am - ouchdrummer ""]
So... my step son went to a Halloween party in Wayland, and some body brought a big bottle of Captain Morgan. Two 14 year old girls got Alcohol poisoning and went to the hospital. My step son is the new kid in school, he's also one of the only black kids in school (he's brazilian, but his skin is black) he goes to newton high, and the kids at the party blaimed him for bringing it. He did not bring it, my wife brought him to the party and he had no bag on him, and could NOT have snuck the bottle in his pants. The wayland police called me and want me to bring him down to answer questions. They do not want to press charges. Should i
A. call our lawyer (we have one) and bring him with us.
B. call our lawyer and not go at all, let him supeonna(sp?) my kid?
C. Some other option i haven't thought of.
Keep in mind, i am not REALLY looking for legal advice on rttp, because i know how stupid that would be, but we do have a couple pretty smart posters on here, and maybe they can look at this from a different angle than me, and give some perspective.
[Nov 14,2008 11:41am - dertoxia ""]
if you have a lawyer, yeah you definately should call him up. The cops may be saying they arent pressing charges, but thats because they cant without any evidence. They possibly want to question him for hours until he breaks and signs a confession or they get enough information to charge him. Cops are maniacs when it comes to asking the right questions to get people to incriminate themselves even when they are innocent.
[Nov 14,2008 11:49am - the_reverend ""]
never talk to the police.
[Nov 14,2008 12:55pm - dftg ""]
NEVER TALK TO THE POLICE
[Nov 14,2008 1:01pm - Josh_Martin ""]
Never talk to the police. They will say ANYTHING to get what they want and it is perfectly legal for them to lie to you.
Also, if your kid is under 18 they cannot question him without a parent present.
If they call again, tell them your kid didn't bring the booze and knows nothing about it. Then give them your lawyers number and tell them to direct any further questions to him. Then hang up.
[Nov 14,2008 1:01pm - Josh_Martin ""]
If they don't want to press charges, why do they need to talk to him in the first place?
[Nov 14,2008 1:01pm - Josh_Martin ""]
Also, who said the kids are blaming him? The cops?
They could be lying to get your kid angry at the other kids so he'll rat on somebody.
[Nov 14,2008 1:01pm - Josh_Martin ""]
oh no, not this triple shit again. REV!!!!!!
[Nov 14,2008 1:01pm - FuckIsMySignature ""]
No, Money Down!
[Nov 14,2008 1:14pm - ouchdrummer ""]
the_reverend said:never talk to the police.
yes, i vividly remember the conversation, and the videos to back this statement up.. So you think i should inform our lawer, and not respond to the police (ignore their calls)? Or respond by telling them my son can't talk to them? Or have my lawyer tell them that? Or what?
[Nov 14,2008 1:16pm - dertoxia ""]
josh's advice is probably best. tell them you're son has no information for them and to direct further questions to your lawyer.
[Nov 14,2008 1:44pm - ouchdrummer ""]
that sounds like good advice.. i am gonna call my lawyer now and let him know that someone might call him.
[Nov 14,2008 1:47pm - BobNOMAAMRooney nli ""]
Also, tell your lawyer to get us those comatose girls' phone numbers.
[Nov 14,2008 2:03pm - corpus_colostomy ""]
i worked for some of the bigger firms in town for a few years before i decided to go back to school. my advice: dont go and dont cooperate. cut all ties to the situation. you have no obligation to comply with the wishes of the police dept. legally or ethically. just have a sit down talk with the boy. getting your lawyer involved or re-directing authorities to council can imply certain things, that you may not want to. if push comes to shove, wait for the police to do the wrong thing, then talk to the lawyer and sue the town if need be.
[Nov 14,2008 2:24pm - ouchdrummer ""]
fair enough. that sounds like solid advice.....and 14 year old comatose girls sound boring.
[Nov 14,2008 2:27pm - FuckIsMySignature ""]
[img]
[Nov 14,2008 2:30pm - brian_dc ""]
[Nov 14,2008 2:24pm - ouchdrummer]
fair enough. that sounds like solid advice.....and 14 year old comatose girls sound boring.
at least they wouldn't be talking in their awful teenager rhetoric.
[Nov 14,2008 2:54pm - ouchdrummer ""]
brian_dc said:[Nov 14,2008 2:24pm - ouchdrummer]
fair enough. that sounds like solid advice.....and 14 year old comatose girls sound boring.
at least they wouldn't be talking in their awful teenager rhetoric.
qft
[Nov 14,2008 2:54pm - dertoxia ""]
Also, here's a good line to remember. It's gotten me out a bad situation when i was coming home late and got stopped and asked a ton of question about where i was, what i was doing etc...
ask the cop "Am i being charged with anything?" They must answer you either yes or no, they can't pull a "oh well no but we're detaining you" bullshit.
Then ask him "Am i free to go?" If they aren't charging you with a crime they must release you, most of the time when a cop is questioning you, you are answering those questions of your own free will....they are not forcing you. So asking them if you are free to go is a way to get out of the situation. They must answer either yes or no and if it's no they must give a reason why you are being held.
Always remember though, no matter how much of a dick a cop is....NEVER give them an attitude or talk down to them or give them lip. It can only end up bad for you. So don't say "Fuck you i'm leaving" because then they can pursue you....just be polite, ask if you can go, and calmly leave.
It's good stuff for everyone to know but especially make sure your son knows this.
[Nov 14,2008 2:57pm - ouchdrummer ""]
nice, that makes sense.
[Nov 14,2008 3:29pm - Yeti ""]
FuckIsMySignature said:No, Money Down!
works on contingency?
[Nov 14,2008 3:37pm - corpus_colostomy ""]
dertoxia said:It's good stuff for everyone to know but especially make sure your son knows this.
hmm.
[Nov 14,2008 3:54pm - Murph ""]
Josh_Martin said:Never talk to the police. They will say ANYTHING to get what they want and it is perfectly legal for them to lie to you.
Also, if your kid is under 18 they cannot question him without a parent present.
If they call again, tell them your kid didn't bring the booze and knows nothing about it. Then give them your lawyers number and tell them to direct any further questions to him. Then hang up.
This is the best advice, hands down.
[Nov 14,2008 4:42pm - sxealex ""]
no talkie police
[Nov 14,2008 6:09pm - xCindyxBradyxMF ""]
Well, if you weren't black then maybe this wouldn't happen. Being black is a lifestyle choice. It's sinful; and against God's grand design. Tell your kid to quit being black and he will not get in any more trouble.
[Nov 14,2008 6:40pm - Hoser ""]
ouchdrummer said:So... my step son went to a Halloween party in Wayland, and some body brought a big bottle of Captain Morgan. Two 14 year old girls got Alcohol poisoning and went to the hospital. My step son is the new kid in school, he's also one of the only black kids in school (he's brazilian, but his skin is black) he goes to newton high, and the kids at the party blaimed him for bringing it. He did not bring it, my wife brought him to the party and he had no bag on him, and could NOT have snuck the bottle in his pants. The wayland police called me and want me to bring him down to answer questions. They do not want to press charges. Should i
A. call our lawyer (we have one) and bring him with us.
B. call our lawyer and not go at all, let him supeonna(sp?) my kid?
C. Some other option i haven't thought of.
Keep in mind, i am not REALLY looking for legal advice on rttp, because i know how stupid that would be, but we do have a couple pretty smart posters on here, and maybe they can look at this from a different angle than me, and give some perspective.
If you think that they won't press charges, you're an idiot. They want a confession so that they CAN press charges. Get a lawyer, don't say a WORD (you or your son) to the police without a lawyer doing the talking.
Best advice you will get.
[Nov 14,2008 6:42pm - Hoser ""]
DO NOT do anything without the lawyer. Police don't ask anyone to come to the station, tell you they don't want to press charges...and then don't.
I'm sure that they don't WANT to press charges...as they stated...but then again, who WANTS to press charges? Catching my drift? They WILL press charges...bottom line.
[Nov 14,2008 6:43pm - Hoser ""]
They CANNOT subpeona him with HARD PROBABLE CAUSE.
2 drunk idiots were so poisoned that they cannot remember anything does not constitute HARD evidence of any sort.
[Nov 14,2008 6:43pm - Hoser ""]
It will be deemed HERESAY.
[Nov 14,2008 6:59pm - pam ""]
Call your lawyer, explain and he will tell you exactly what to do. Fuck those cops, don't talk to them.
Meanwhile time to have a chat with the boy about staying far away from hammered teenage girls. I had friends that damn near went to jail for making out with drunk teenage girls. It only takes one humiliated girl to ruin the kid's life for a while.
[Nov 14,2008 7:00pm - pam ""]
Girls are stupid lying whores...is what I'm trying to say.
[Nov 14,2008 7:29pm - RichHorror ""]
xCindyxBradyxMF said:Well, if you weren't black then maybe this wouldn't happen. Being black is a lifestyle choice. It's sinful; and against God's grand design. Tell your kid to quit being black and he will not get in any more trouble.
Best advice.
[Nov 14,2008 8:16pm - Hoser ""]
pam said:Girls are stupid lying whores...is what I'm trying to say.
God Bless, Pam. You win.
[Nov 14,2008 8:47pm - the_reverend ""]
josh martin, hoser, and pam convergence.. whoah...
[Nov 14,2008 9:27pm - narkybark ""]
I'm suddenly reminded of the Patrice O'Neill jail story.
[Nov 14,2008 11:49pm - DaveFromTheGrave ""]
pam said:Girls are stupid lying whores...is what I'm trying to say.
AMEN
[Nov 14,2008 11:55pm - the_reverend ""]
tell them it wasn't you, it was the 1 armed man.
[Nov 15,2008 12:47pm - pam ""]
the_reverend said:josh martin, hoser, and pam convergence.. whoah...
It's more likely than you think.
[Nov 15,2008 4:13pm - Dankill ""]
Murph said:
Josh_Martin said:Never talk to the police. They will say ANYTHING to get what they want and it is perfectly legal for them to lie to you.
Also, if your kid is under 18 they cannot question him without a parent present.
If they call again, tell them your kid didn't bring the booze and knows nothing about it. Then give them your lawyers number and tell them to direct any further questions to him. Then hang up.
This is the best advice, hands down.
Seconded!
[Nov 15,2008 6:58pm - y_ddraig_goch ""]
DON'T TALK TO PORICE. they will try to get him in trouble somehow.
[Nov 15,2008 7:04pm - dreadkill ""]
BobNOMAAMRooney%20nli said:Also, tell your lawyer to get us those comatose girls' phone numbers.hahahahaha
[Nov 15,2008 7:06pm - dreadkill ""]
"let's blame the new black kid in town!"
poor kid. call your lawyer.
[Nov 17,2008 2:55pm - ouchdrummer ""]
xCindyxBradyxMF said:Well, if you weren't black then maybe this wouldn't happen. Being black is a lifestyle choice. It's sinful; and against God's grand design. Tell your kid to quit being black and he will not get in any more trouble.
Well i actually am not black. he's my step son, but thanks.
[Nov 17,2008 4:42pm - mOe ""]
ouch is a fan of the darkies
[Nov 17,2008 4:54pm - narkybark ""]
sexual chocolate!
[Nov 17,2008 4:58pm - ouchdrummer ""]
mOe said:ouch is a fan of the darkies
I am a fan of everyone. I just like people, especially women.
[Nov 17,2008 4:59pm - ouchdrummer ""]
[img]
Me and my sexual chocolate.