ok here goes there is a friend of mine whois 16 years old and he was just put onto probation for growing ... he missed his first 3 appts. but rescheduled each time.. ok so today he went to his "first probation appt. and when he got there there was an investigator there along with his probation officer ... the investigator wanted him to write a statement on an older woman that he had been "accused" of having sexual relations with.. this was the second time that he had been questioned by the investigator without his lawyer or his mother present and today when in the office the investigator threatened him with jailtime for messing up his investigation because he told his mom about being questioned and then she told the woman but the inv. told him he had a signed paper from the judge that said he would take him to jail if he didnt sing a statement.. the kid told them he wanted to see his lawyer but they denied his request and got up as if to take him into custody.. he got scared and he ...
2006-08-14 11:57:38 · 12 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
signed a statement that said only that he had sexual relations with her but no one knew and he wouldnt give them any more than that.... now i live in new york and i dont know if this is legal for them to question him and take statements and deny his request for a lawyer and threaten him with jail time ,... it seems to me that if hes to young to consent to sex then couldnt he actually do something about the way things have been done to him.. he didnt want to sign the statement and the only time he broke was when they threatened him with jail and didnt allow him a call to his attorney or his mom... i need to help him out any info and where u got it would be great
2006-08-14 12:03:07 · update #1
this is in NEW YORK
2006-08-14 12:09:36 · update #2
that's a clear case of police brutality and violation of your friend's civil and constitutional rights. he can not be questioned w/out his mom (because he's a minor) and proper legal representation( presence of his lawyer, private or public defender.. even after he signed that statement .; tell the judge later that that was a statement signed under duress. you can recant your confession or statements. and if he had sex as a minor, the other older party could be charge w/ statutory rape of a minor.
the statement that the cop made about having papers signed or ordered by a judge, that he could be taken to prison is another example of police harassment and aggressivetechniques.;of investigation. or questioning. They keep asking the same questions and brow beat an accused victim into a confession.
hope i helped and if i did , rate mine as the best answer. Good luck to you and your friend.
2006-08-14 12:23:20 · answer #1 · answered by rosieC 7 · 0⤊ 1⤋
First of all he needs to contact his lawyer because they cannot question a minor without their parents consent. This is not something that you will be able to help him with. He needs to talk to a lawyer and explain to them what happened. An investigators job is to investigate and sometimes they do this in an improper way. Threats and things of that nature are very common but he needs to stand his ground. If they are going to take him to jail they have to have a good reason and him not wanting to talk to anyone without a parent or lawyer present is not a justified reason to go to jail. The least that they can do is actually take to the police department and wait for a parent or lawyer to get there and then talk to him. Your friend needs to learn to stand up for himself and if something doesn't seem right then to go with his gut. He will never get into trouble for wanting a parent or lawyer there. I hope this helps. But no matter what CALL A LAWYER.
2006-08-14 19:37:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yeah, seems like a typical "trick" of the courts. They will do those type of things alot to scare minors into doing what they want, in all acutality, he has the right to an attorney, no one can question him or make him do anything with out his attorney present, HOWEVER, they can place him on "holding" status and lock him up until his attorney arrives basically just to keep him where they want him, well, I dont know if its legal, but they will anyway. The statement he wrote can be dismissed from court as he was pressured to write it with out council. As far as sexual relations go, he can deny it if he wants to, there is no logistical proof of it, its all up to him to press it or leave it alone.
2006-08-14 19:04:03 · answer #3 · answered by DJ 3 · 1⤊ 0⤋
It's all based on hear say, he's fine...they won't be able to use any of his statements in court because he's still considered a minor and his Lawyer and Parent should have been present. He should have just sat there to see what would have happened...What they are doing is called intimidation and he just needs to play the card...
2006-08-14 19:06:55 · answer #4 · answered by Ladeebug71 5 · 0⤊ 0⤋
Well the "growing" part was very humorous - of course we all know it means Growing Pot - I really stopped at they questioned him without his Mother present. If he is in trouble with the law for anything it sounds like his Mother is rarely present or that he never wants her present except when his *** is in the wringer. .
2006-08-14 21:25:15 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No one gets probation for growing. Can't help you since you are not being honest with your question.
2006-08-14 19:32:00 · answer #6 · answered by frankie59 4 · 0⤊ 0⤋
You go and hire the lawyer, and send the lawyer to see the kid ASAP.
The kid needs a lawyer now.
Good luck.
2006-08-14 19:12:29 · answer #7 · answered by Anonymous · 0⤊ 0⤋
coerced boasting of sexual exploits sonds kind of heinous,and i've seen so many times on tv court where one of the witnesses purjurs or incriminates themselves or something like that and they do nothing,i guess there is just only so much of the tax dollar pie to go around.It wouldn't surprise me one bit if they didn't charg her with statue tory rape.I'll just hope for the best for you and yours :)
2006-08-14 19:15:06 · answer #8 · answered by dale 5 · 0⤊ 0⤋
You see? You asked for people with special knowledge of the law and you got it. Yahoo is like THEEEE place for expert advice. :)
2006-08-14 22:06:19 · answer #9 · answered by nothing 6 · 0⤊ 0⤋
growing? he got put on probation for growing?
huh...maybe i shouldnt tell people how much taller i am than last year...
2006-08-14 19:05:15 · answer #10 · answered by Anonymous · 0⤊ 0⤋