he worked for a major drug store, took something, the companys internal affairs people questioned him without parent or guardian or lawyer. he is only 17. i was not notified of any of this until i recieved a letter from there attorney requstion restitution.
2007-04-30 11:01:23 · 8 answers · asked by David D 1 in Politics & Government ➔ Law & Ethics
They are within their rights to question a detainee however for better answers try this site
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2007-04-30 12:47:17 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It sounds like your son was questioned by his employer, and not a law enforcement agency. It is well within the employer's rights to question an employee about a theft, however large or small the theft may be.
Law enforcement agencies (police, sheriff, constable, and the like) can not question a minor without the presense of a parent or attorney.
On the other hand, if all lthey asked you to do was to make restitution, consider yourself (and the boy) lucky. I would sincerely hope this made and impression on him.
2007-04-30 11:13:58 · answer #2 · answered by jim_elkins 5 · 0⤊ 0⤋
im not sure if 17 is under age.. he/she is old enough to get married in some states. Call the police department and ask. Usually a company can not question a child underage without a parents presence, you should have been called as soon as they took (possible kidnapped) your child.
However if he worked there, then they did have a right to question him. Ask for proof (video tape, police report) or threaten to sue for wrongful termination. They would have to terminate him on just grounds and give notice (usually 2 weeks). And sue for slander, assuming he is innocent...
2007-04-30 11:09:56 · answer #3 · answered by iceblendedmochajavo 5 · 0⤊ 0⤋
If he was questioned by the police, and informed of his rights, then most likely it is legal. If he was questioned by his boss, employers have a right to question a person about a crime they commit in the employer's business.
Your son, though "only 17" was old enough to commit the crime. Unless he is mentally retarded, he knew what he was doing was wrong. Why don't you make him pay the restitution?
2007-04-30 11:18:35 · answer #4 · answered by Catnip 4 · 0⤊ 0⤋
I think if he was working there and they questioned him on their premises, it is ok that there was no parent. There isnt a parent around when he is working, correct? I believe they have all the right to question someone on the premises. It is once someone leaves the premises that diminishes that right. The only question is, what evidence does the company have against him? If there is no evidence, then there is no case to "restitute". Try to avoid court, as this will remain on his record.
2007-04-30 11:14:59 · answer #5 · answered by vixxen 5 · 0⤊ 0⤋
It depends on the state laws. Talk to your son, if he did in fact take the items, and they are only asking for the retail value of them, just pay it and be glad the police aren't involved. If its one of those states that make the parents responsible, and/or they get to add in damages to their claim, like $500, you have some decisions to make and should get legal counsel, but you'll probably prefer paying that to having it on his record.
Private individuals don't have to honor the 4th and 5th amendments.
2007-04-30 11:18:28 · answer #6 · answered by open4one 7 · 0⤊ 0⤋
be glad they are not pressing charges and pay the restitution as stated above since it was a private company and not the government they are within there right to investigate shoplifting within there store
2007-04-30 11:30:06 · answer #7 · answered by goz1111 7 · 0⤊ 0⤋
when i was 17 they questioned me without calling my parents or offering a lawyer or anything. I wasnt at a police station though, it was assets protection at the store i worked for at the time.
2007-04-30 11:24:14 · answer #8 · answered by socal_rachel 3 · 0⤊ 0⤋