Need advice of a Lawyer! Are there any ouy there?

Question

My son was caught in school with marijuana. He said he was in the office being questioned by the two principals and a prevention resource officer(PRO). The PRO is at the school every day. His name is LT. Heck. My son said he asked may times to call his mother and they told him No. He asked to call his father they told him No. He asked if he could call his Aunt or somebody in his family, they told him No. He said that they told him if he did not tell them where he got it from, that he would never see his mother or sisters again. He was kept in the office for a total of 6 hours. He said after they would not let him call anyone and told him he would never see his family again if he did not tell them were he got it that it was 4 hours later. He told them he had stolen it from his mothers basement. With that info they got a search warrant for my home and found my stash. Is it legal for them to interrigate him for 4 hours without a lawyer or adult present. He his only 13 and we live in W.Va

Answer 1

Okay, I'm a lawyer in WV and I have to tell you that you NEED to see a lawyer in your area ASAP. And while I know my WV juvenile law, I can't give you advice online. I know that that isn't what you want to hear but it's the best advice you're going to get from online.

Answer 2

Your kid was at school--not under arrest---they didn't have to call you. Miranda and stuff only kicks when when you are under arrest or making statements to the police--the principal and PRO are not the cops. Did anything happen to him? You post doesn't indicate that anything did.....only you---I bet they read you your rights when you got arrested.......sorry, I know it sucks---but the COPS did nothing illegal. The Judge will say the search was legal and you'll have a hell of a time explaining why you had a 'stash' in the first place.........I am amazed that you are worried about the school and you son and not the affect your behavior is having on him.....geeze. What, are you high??? Oh, wait.......

Answer 3

I'm not a Lawyer but here's some Info that may be helpful. As quoted from the law book of the 34 Geo.L.J. Ann. Rev. Crim. Proc. pg. 159 " Miranda warnings must be given only when a suspect is both in custody and subjected to state interrogation".
CUSTODY; Custody involves the deprivation of " freedom of action in any significant way ". Courts consider the totality of the circumstances to determine whether a suspect was in custody.
INTERROGATION; Miranda protection extends only to those persons who, while in custody, are interrogated by persons the suspect knows are acting on behalf of the state. See; Illinois v. Perkins 496 U.S. at 296 ; see e.g. U.S. v. Holmes, 44 F.3d 1150, 1159 ( 2d Cir. 1995) SEE NOW; pg. 163; The functional equiva-
lent of interrogation consists of " words or actions on the part of police ...that the police should know are reasonably likely to elicit
an incriminating response from the suspect ". In closeing, I would recomend that you study up on your Constitutional Rights,
because the fact that the boy is only 13 constitutes a violation of the miranda Laws in most States. I hope this helps you GOD BLESS/GOOD NIGHT.

Answer 4

You need a face-to-face consultation from a bona-fide attorney, not some poser on Y!A.

Don't say that you can't afford an attorney, you can't afford to NOT have one.

I won't bother asking why you had a stash of illegal drugs in your home with your children. Helloooo!!

Answer 5

So your 13 year old son was found with drugs and you are concerned about the school's conduct?

All of you need to give your head a shake!!!!

Answer 6

Call a Lawyer, he's a minor and they should have called you. It's wrong for them to threaten your son. Good luck, sound like a sticky situation.

Answer 7

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Answer 8

NO that's NOT LEGAL!