My son is 17 years old and he got caught with cigarettes in his locker at school. The school called the police and booked him in jail over the weekend. Is this even legal? What can we do to fight this?
Your son is probably lying to you, and Mr. Jahn’s thoughts mirror mine regarding getting your son a criminal defense lawyer immediately (and I’d tell your son to keep his mouth shut, no matter what without his attorney to advise him as to whether and when he should talk).
As much as I don’t want to state what I am about to state, I would be lying if I didn’t while we’re discussing this topic:
While the job of police officers and sheriff’s deputies is a thankless one (that’s not fair to them), and while I do appreciate and am grateful for the fact that they put themselves in harm’s way to protect us, the fact is that so many police officers and deputies are pathological liars in their dealings with suspects that you must—for your own protection—treat all police officers and deputies who talk to and question you as pathological liars. They are allowed by law to lie through their teeth to you. And so they do. Now sometimes law enforcement officers lie to a suspect because they believe the suspect is lying to them.
Frankly, there are times when the police are more than justified in lying to a suspect in the pursuit of trying to get to the truth, trying to save a life, trying to make sure that justice is served. Law enforcement officers carry things too far, however, when they start lying to a suspect in an effort to frame someone they either don’t know to be guilty or even know to be innocent. ‘Think that doesn’t happen? It does. Frequently. And it can happen to you, if you are not careful. That sounds harsh. It sounds exaggerated. I assure it you it is not.
I tell all my friends and family members that if they are ever questioned by the police, no matter how innocuous the questions appear to be, don’t be a jerk, but DO NOT talk to the police without an attorney’s advice. Do you have any idea how devastating the implications of “anything you say can and will be used against you” are? There is a law professor who wrote a great book on why you are not only justified in refusing to speak to the police, but obligated not to speak to the police if you wish to protect yourself from false prosecution: You Have the Right to Remain Innocent
Utah Family Law, LC | divorceutah.com | 801-466-9277