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returntothepit >> discuss >> Legal Advice by ouchdrummer on Nov 14,2008 11:35am
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toggletoggle post by ouchdrummer   at Nov 14,2008 11:35am
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.



toggletoggle post by dertoxia   at Nov 14,2008 11:41am
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.



toggletoggle post by the_reverend   at Nov 14,2008 11:49am
never talk to the police.



toggletoggle post by dftg at Nov 14,2008 12:55pm
NEVER TALK TO THE POLICE



toggletoggle post by Josh_Martin at Nov 14,2008 1:01pm
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.



toggletoggle post by Josh_Martin at Nov 14,2008 1:01pm edited Nov 14,2008 1:03pm
If they don't want to press charges, why do they need to talk to him in the first place?



toggletoggle post by Josh_Martin at Nov 14,2008 1:01pm edited Nov 14,2008 1:04pm
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.



toggletoggle post by Josh_Martin at Nov 14,2008 1:01pm
oh no, not this triple shit again. REV!!!!!!



toggletoggle post by FuckIsMySignature at Nov 14,2008 1:01pm
No, Money Down!



toggletoggle post by ouchdrummer   at Nov 14,2008 1:14pm
the_reverend said[orig][quote]
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?



toggletoggle post by dertoxia   at Nov 14,2008 1:16pm
josh's advice is probably best. tell them you're son has no information for them and to direct further questions to your lawyer.



toggletoggle post by ouchdrummer   at Nov 14,2008 1:44pm
that sounds like good advice.. i am gonna call my lawyer now and let him know that someone might call him.



toggletoggle post by BobNOMAAMRooney nli at Nov 14,2008 1:47pm
Also, tell your lawyer to get us those comatose girls' phone numbers.



toggletoggle post by corpus_colostomy at Nov 14,2008 2:03pm edited Nov 14,2008 2:06pm
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.



toggletoggle post by ouchdrummer   at Nov 14,2008 2:24pm
fair enough. that sounds like solid advice.....and 14 year old comatose girls sound boring.



toggletoggle post by FuckIsMySignature at Nov 14,2008 2:27pm



toggletoggle post by brian_dc  at Nov 14,2008 2:30pm
[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.



toggletoggle post by ouchdrummer   at Nov 14,2008 2:54pm
brian_dc said[orig][quote]
[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



toggletoggle post by dertoxia   at Nov 14,2008 2:54pm
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.



toggletoggle post by ouchdrummer   at Nov 14,2008 2:57pm
nice, that makes sense.



toggletoggle post by Yeti at Nov 14,2008 3:29pm
FuckIsMySignature said[orig][quote]
No, Money Down!


works on contingency?



toggletoggle post by corpus_colostomy at Nov 14,2008 3:37pm
dertoxia said[orig][quote]
It's good stuff for everyone to know but especially make sure your son knows this.


hmm.



toggletoggle post by Murph  at Nov 14,2008 3:54pm
Josh_Martin said[orig][quote]
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.



toggletoggle post by sxealex   at Nov 14,2008 4:42pm
no talkie police



toggletoggle post by xCindyxBradyxMF at Nov 14,2008 6:09pm
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.



toggletoggle post by Hoser at Nov 14,2008 6:40pm
ouchdrummer said[orig][quote]
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.



toggletoggle post by Hoser at Nov 14,2008 6:42pm
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.



toggletoggle post by Hoser at Nov 14,2008 6:43pm
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.



toggletoggle post by Hoser at Nov 14,2008 6:43pm
It will be deemed HERESAY.



toggletoggle post by pam   at Nov 14,2008 6:59pm
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.



toggletoggle post by pam   at Nov 14,2008 7:00pm
Girls are stupid lying whores...is what I'm trying to say.



toggletoggle post by RichHorror  at Nov 14,2008 7:29pm
xCindyxBradyxMF said[orig][quote]
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.



toggletoggle post by Hoser at Nov 14,2008 8:16pm
pam said[orig][quote]
Girls are stupid lying whores...is what I'm trying to say.


God Bless, Pam. You win.



toggletoggle post by the_reverend   at Nov 14,2008 8:47pm
josh martin, hoser, and pam convergence.. whoah...



toggletoggle post by narkybark   at Nov 14,2008 9:27pm
I'm suddenly reminded of the Patrice O'Neill jail story.



toggletoggle post by DaveFromTheGrave  at Nov 14,2008 11:49pm
pam said[orig][quote]
Girls are stupid lying whores...is what I'm trying to say.

AMEN



toggletoggle post by the_reverend   at Nov 14,2008 11:55pm
tell them it wasn't you, it was the 1 armed man.



toggletoggle post by pam   at Nov 15,2008 12:47pm
the_reverend said[orig][quote]
josh martin, hoser, and pam convergence.. whoah...


It's more likely than you think.



toggletoggle post by Dankill at Nov 15,2008 4:13pm
Murph said[orig][quote]
Josh_Martin said[orig][quote]
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!



toggletoggle post by y_ddraig_goch  at Nov 15,2008 6:58pm
DON'T TALK TO PORICE. they will try to get him in trouble somehow.



toggletoggle post by dreadkill  at Nov 15,2008 7:04pm
BobNOMAAMRooney%20nli said[orig][quote]
Also, tell your lawyer to get us those comatose girls' phone numbers.
hahahahaha



toggletoggle post by dreadkill  at Nov 15,2008 7:06pm
"let's blame the new black kid in town!"

poor kid. call your lawyer.



toggletoggle post by ouchdrummer   at Nov 17,2008 2:55pm
xCindyxBradyxMF said[orig][quote]
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.



toggletoggle post by mOe  at Nov 17,2008 4:42pm
ouch is a fan of the darkies



toggletoggle post by narkybark   at Nov 17,2008 4:54pm
sexual chocolate!



toggletoggle post by ouchdrummer   at Nov 17,2008 4:58pm
mOe said[orig][quote]
ouch is a fan of the darkies


I am a fan of everyone. I just like people, especially women.



toggletoggle post by ouchdrummer   at Nov 17,2008 4:59pm


Me and my sexual chocolate.



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