My son is being accused of spray painting a car

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kitkat1965

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Hi,

My son is being accused of spray painting my daughter's ex boyfriend's car. He's 15 years old, honor roll student, plays football and has never been in any trouble. He was home at the time it happend but because my daughter texted a friend and said that her brother did it, he is being questioned by the police. They want him ti just admit he did it. He said he didn't. My daughter said he didn't do it, she dropped him off at the house at around 11:30 and left with friends to a club. Everyone confirmed that she was there at the time it happend which was around 12:30-1250am. My son was home at the time with a friend making something to eat. I was still awake at this time. Her friend showed the text message to the ex boyfriend and he called the police and the police told my daughter they had a text message and she asked to see it and they said no that they didn't have to show her any of the evidence so she denied it. Later she told me she did confide to her friend that her brother said he did it. My son said he did not. She then said that it was loud in the club and she had been drinking and she must have misundertood my son. My daughter said he did laugh and said "he deserved it". She said her friend heard it and told her ex that my son did it. He called my daughter and started to tell her he was going to called the police on her brother. She said she later texted her so called friend and told her not to say that her brother did it because she didn't want him to get into trouble. A background on the situation, the ex boyfriend has been harrassing my daughter for a couple of months to get back together but he had cheated on her many times and she keeps telling him to leave her alone. He was posting vulgar comments on his status and commenting on her page, so she deleted hi. Then he started texting her and calling her. She has asked me to change her number but I can't until my contract ends in September. He also harrasses her new boyfriend and her older sister in another state. My son is not in this drama. Actually could care less. This so called friend of my daughter's was trying to split her up with her new boyfriend and trying to get him to date her and leave my daughter, but her boyfriend showed her the text messages. My daughter and this friend had a fallen out and aren't really good friends so I am baffled that my daughter would text her about her brother. The so called friend gave the police the messages and told her to tell my daughter that she can either take the blame which she will get in trouble or my son could take the blame and he would only get a slap on the wrist. What can my kids actually charged with if neither actaully did it and the only so called proof is a text message? My son was home around the time and her friends and the club said she was in the club. What are my alternatives?
By the way, I'm not one of those parents that believe my kids do no wrong. They know I would never bail them out if they are guilty. They know this because of their oldest sister. The ex has been in lots of trouble already. Convicted of a drug felony and still doing drugs.
 
If he has not yet been charged, there is nothing really for you to do. If he is charged, you can hire him an attorney. If the police only want to talk to him, then you can either choose to have him talk to them and provide the names and contact info of the people that dropped him off at home and knew he was home when the crime occurred, or you can choose to have him exercise his right to remain silent.

Was there anyone else (an adult, preferably) at home the whole time who can vouch as to his whereabouts? Being "awake" does not mean you saw him there the entire time, and if the victim was a short distance away, then a short window would have been all that was necessary. I suspect that silence might be his best option.

Of course, the police might be curious why your daughter texted such a thing and they may smell a cover up if she suddenly tap damces and tries to explain herself, so she might also consider silence ... though she might then run the risk of being charged in a conspiracy.

If the police start nosing about aggressively, I'd hire an attorney.
 
I heard him and his friend cooking in the kitchen and talking. I didn't need to see them, i heard them. Is that good enough? My daughter and her boyfriend both were together when they dropped the boys off. She was not with him after that. She said that she did text the girlfriend because she thought her brother said he did it. It was very loud in the club and she said that he said something to the effect of "Hell yeah he deserved it". My son said he didn't mean that he did it, it was " Hell yeah!" he was happy it happend. Her girlfriend heard her tell her bofriend about it, then started to pester my daughter in a text message and my daughter texted her not to say it was her brother. The girlfriend showed her ex. Later my son is really mad becasue he didn't say he did it but now he is being accused and my daughter lied about the text not to try to get her brother off but because she made a mistake. Now I don't know how to fix it to where the text was just a misunderstanding. Besides he was home since around 11:30 pm.
 
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Your son should say nothing.
You shouldn't allow the police to speak with him unless you are present and a lawyer.
Your son doesn't need to prove anything.
Just stop responding to the police.
That is a trick they use to get you to admit so they can charge you.
The police have to prove their case.
You've said too much already.
Screw some text message.
That isn't evidence.
All of you, stop talking to the police.
Just say you have no more to say
Your lawyer advised all of you to remain silent.
You can't talk your way out of it

They're going to charge him, let them charge him.
Just stop talking.
You don't have to explain your whereabouts.
This is America for God's sake, not some communist regime.
He's a juvenile.
The police can't talk to him unless you say they can. They can't speak to him alone unless you permit it. You'd be a fool to say yes.
 
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