Weapons, Guns, Firearms Son arrested at College

[Halley_Williams]

My son was arrested and held by campus police for allegedly pulling a fire alarm. He was not in the building when the alarm was pulled, he was on a bus going to a campus affair. The bus was pulled over and he was removed from the vehicle and taken to the station house where he was read his rights and questioned for over an hour. They claim to have proof of an eye witness and photos but never produced them. They never checked his hands/arms for dye from the alarm. He was let go and asked to return on Sunday. When I called campus police they would not release info to me because of his age.
What is our next step?

 

[bluemann33]

My son was arrested and held by campus police for allegedly pulling a fire alarm. He was not in the building when the alarm was pulled, he was on a bus going to a campus affair. The bus was pulled over and he was removed from the vehicle and taken to the station house where he was read his rights and questioned for over an hour. They claim to have proof of an eye witness and photos but never produced them. They never checked his hands/arms for dye from the alarm. He was let go and asked to return on Sunday. When I called campus police they would not release info to me because of his age.
What is our next step?

HIS next step should be to get an attorney and say nothing about it. I know you say he didnt do it, but dont let them spin his words around, so get the attorney. If he didnt do it then these photos will never come about. He can politely deny the visit to the station on sunday unless he has his attorney. Good luck.

 

[Halley_Williams]

HIS next step should be to get an attorney and say nothing about it. I know you say he didnt do it, but dont let them spin his words around, so get the attorney. If he didnt do it then these photos will never come about. He can politely deny the visit to the station on sunday unless he has his attorney. Good luck.

Thank you for your response. We live 3 hours away. Should we have an attorney go up there for the Sunday meeting or wait to hear from the Police? They released him without any paperwork, just a business card with the Police Officer's name on it. They never stated the official charge to him, just told him he was being arrested and then was brought in for questioning. They tried to get him to confess and told it to make it easier on himself and admit that he did it, which he did not.

Thank you again.

 

[jacksgal]

It sounds as though he was never officially charged yet. He should answer no Police questions without an Attorney present as instructed. In th eevent this goes further you should start calling Attorneys now.

 

[Halley_Williams]

It sounds as though he was never officially charged yet. He should answer no Police questions without an Attorney present as instructed. In th eevent this goes further you should start calling Attorneys now.

Thank you. I have begun to contact attorneys in the area. Thank you again for your reply.

 

[mightymoose]

I suspect he was never actually arrested either. Your son was likely tricked into going to the police station, believing he had to, however this will read out in a police report as if he agreed to go and it was entirely consensual... as legally, it likely was. I am just speculating though. Was he handcuffed? Fingerprinted? Photographed? Was he put into any locked room where he was not free to walk away at any given time?

It sounds as if the police had reason to suspect him but did not have strong enough evidence and decided to let him go. They have asked him to come back in order to interview him a second time and look for inconsistencies in his statements.

He is under no obligation whatsoever to go back to the police station, and doing so would be foolish on his part, and yours if you let him do it. He should not talk any more to the police. Do not worry at all about obtaining a lawyer unless he is arrested again. At this point the police would have to obtain a warrant to arrest him and take him into custody. Unless that happens, this is not going to court, no lawyer necessary.

 

[Halley_Williams]

I suspect he was never actually arrested either. Your son was likely tricked into going to the police station, believing he had to, however this will read out in a police report as if he agreed to go and it was entirely consensual... as legally, it likely was. I am just speculating though. Was he handcuffed? Fingerprinted? Photographed? Was he put into any locked room where he was not free to walk away at any given time?

It sounds as if the police had reason to suspect him but did not have strong enough evidence and decided to let him go. They have asked him to come back in order to interview him a second time and look for inconsistencies in his statements.

He is under no obligation whatsoever to go back to the police station, and doing so would be foolish on his part, and yours if you let him do it. He should not talk any more to the police. Do not worry at all about obtaining a lawyer unless he is arrested again. At this point the police would have to obtain a warrant to arrest him and take him into custody. Unless that happens, this is not going to court, no lawyer necessary.

Thank you so much for answering. He was read his Miranda rights but not handcuffed, printed or photographed. He was held for about 2 hours in a room after questioning and after he asked for an attorney. The officers told him to sit there and "think about things" for awhile. They had his girlfriend in another room and were questioning her also. At one point they asked his girlfriend to go into the interrogation room to sit with my son and "talk" about the night. I've never heard of anything like that.
He called the station on Saturday and told them that he would not be in on Sunday because he wanted to obtain counsel. The police officer told my son that they never asked him to come back! They told my son that he asked to come back another day to speak to them, so now they are changing their stories.
I called a few attorneys in the vicinity of his University so hopefully I will speak to them tomorrow.

Thank you again for replying and please assist in any way possible. I truly appreciate it.

 

[jacksgal]

If he was mirandized he was arrested

 

[mightymoose]

If he was mirandized he was arrested

Not necessarily. It is not uncommon to give Miranda advisement to someone who does not meet the legal requirements. Doing so just helps to make a cooperative person's statements even more squeaky clean.
However, if he was held for over two hours against his will, then yes, he was arrested.

 

[Halley_Williams]

I have contacted three different law firms in the Pennsylvania area and not one has returned my call. I just reached out to the Lehigh Bar Association in hopes that they can assist me in finding an attorney.

My son's girlfriend was called to the police department yesterday and she refused to come without an attorney. They told her it wasn't necessary, they just wanted to ask her something. She went in and they told her that she better get her boyfriend (my son) to confess because they have fingerprints that they are going to send out and then they will have proof that it was him. (Although they already stated they had eyewitnesses and video proof). She told them she was with him all night and he didn't do it and she will not speak to them again without an attorney present.

 

[Halley_Williams]

I suspect he was never actually arrested either. Your son was likely tricked into going to the police station, believing he had to, however this will read out in a police report as if he agreed to go and it was entirely consensual... as legally, it likely was. I am just speculating though. Was he handcuffed? Fingerprinted? Photographed? Was he put into any locked room where he was not free to walk away at any given time?

It sounds as if the police had reason to suspect him but did not have strong enough evidence and decided to let him go. They have asked him to come back in order to interview him a second time and look for inconsistencies in his statements.

He is under no obligation whatsoever to go back to the police station, and doing so would be foolish on his part, and yours if you let him do it. He should not talk any more to the police. Do not worry at all about obtaining a lawyer unless he is arrested again. At this point the police would have to obtain a warrant to arrest him and take him into custody. Unless that happens, this is not going to court, no lawyer necessary.

Sorry, I feel as if I'm jumping all over the place with this. My son called into the precinct on Saturday and told the receptionist that he would not be coming in on Sunday because he needed to retain counsel. The receptionist looked up his name and said there was no record of him on her sheets. She then put him on with a police officer who was in station during the time of my son's interrogation. The police officer claimed that they never asked my son to return to the station. They claimed my son asked to return on Sunday. My son denied this and then told the officer that he would not be in on Sunday and if they wanted to speak to him again, he would have an attorney with him.

I posted this already but this continues the saga:

My son's girlfriend was called to the police department yesterday and she refused to come without an attorney. They told her it wasn't necessary, they just wanted to ask her something. She went in and they told her that she better get her boyfriend (my son) to confess because they have fingerprints that they are going to send out and then they will have proof that it was him. (Although they already stated they had eyewitnesses and video proof). She told them she was with him all night and he didn't do it and she will not speak to them again without an attorney present

 

[army judge]

Retain an attorney to represent your son. Instruct him to tell the police, if they contact him again, that he wishes his attorney to be present during any additional contacts.

His GF should do the same thing. She would be smart to never return to the police station voluntarily. So would your son.

As others have said, stop communicating with the police. What will be, will be.

 

[Halley_Williams]

Retain an attorney to represent your son. Instruct him to tell the police, if they contact him again, that he wishes his attorney to be present during any additional contacts.

His GF should do the same thing. She would be smart to never return to the police station voluntarily. So would your son.

As others have said, stop communicating with the police. What will be, will be.

Thank you. The kids just want closure on this. They don't want to worry about the next phone call/interview etc. I am trying to retain an attorney in the area as instructed by attorneys I have spoken to in NYS. No one has returned my call or answered my emails. I don't understand.

 

[kenderman3]

Sorry to hear! what a mess!

 

[Halley_Williams]

Sorry to hear! what a mess!

Thank you for your concern. I cannot believe how unfairly they are being treated. They are good kids, dean's list honor students trying to prepare for life and unfortunately have to learn that it's not always fair. Life lessons are difficult.

Another concern I have is the person/persons who named them for this crime, but I guess we will not know that. I hope they realize the seriousness in what they have done in making false accusations.

 

[bluemann33]

Sorry, I feel as if I'm jumping all over the place with this. My son called into the precinct on Saturday and told the receptionist that he would not be coming in on Sunday because he needed to retain counsel. The receptionist looked up his name and said there was no record of him on her sheets. She then put him on with a police officer who was in station during the time of my son's interrogation. The police officer claimed that they never asked my son to return to the station. They claimed my son asked to return on Sunday. My son denied this and then told the officer that he would not be in on Sunday and if they wanted to speak to him again, he would have an attorney with him.
I posted this already but this continues the saga:

My son's girlfriend was called to the police department yesterday and she refused to come without an attorney. They told her it wasn't necessary, they just wanted to ask her something. She went in and they told her that she better get her boyfriend (my son) to confess because they have fingerprints that they are going to send out and then they will have proof that it was him. (Although they already stated they had eyewitnesses and video proof). She told them she was with him all night and he didn't do it and she will not speak to them again without an attorney present

Your son is smart to exercise his rights. They wont try and bully him with his attorney there. Good luck.

 

[Halley_Williams]

Your son is smart to exercise his rights. They wont try and bully him with his attorney there. Good luck.

Thank you for the hope. They are bullying him. They called him tonight and left a message that they are sending him a citation for underage drinking (which he foolishly admitted that he was). They never mentioned the other charge though. Are they up to something?

 

[mightymoose]

I still say that you don't yet need to worry about an attorney.

Tell your son to stop talking to the police- PERIOD!

Do not contact them, do not speak to secretaries, don't make or even cancel appointments.

If the police call him or show up at the door, simply tell them to leave. Do not speak about the incident in anyway, even if the questions seem harmless.

If the police have enough evidence to obtain a warrant, then sooner or later they will come back and arrest him. If they manage to do that THEN worry about an attorney. It sounds like they have a weak case and are fishing for important information. As long as people are talking to them they will keep asking questions.

Save your money- no expensive lawyer unless he is arrested and charged with a crime. Right now it is just an investigation.

Your son has a right to remain silent, he should use it.

 

[Halley_Williams]

I still say that you don't yet need to worry about an attorney.

Tell your son to stop talking to the police- PERIOD!

Do not contact them, do not speak to secretaries, don't make or even cancel appointments.

If the police call him or show up at the door, simply tell them to leave. Do not speak about the incident in anyway, even if the questions seem harmless.

If the police have enough evidence to obtain a warrant, then sooner or later they will come back and arrest him. If they manage to do that THEN worry about an attorney. It sounds like they have a weak case and are fishing for important information. As long as people are talking to them they will keep asking questions.

Save your money- no expensive lawyer unless he is arrested and charged with a crime. Right now it is just an investigation.

Your son has a right to remain silent, he should use it.

Thank you. They keep trying to contact the two of them. Why wouldn't they have issued a citation for drinking the night of the incident?

 

[bluemann33]

I still say that you don't yet need to worry about an attorney.

Tell your son to stop talking to the police- PERIOD!

Do not contact them, do not speak to secretaries, don't make or even cancel appointments.

If the police call him or show up at the door, simply tell them to leave. Do not speak about the incident in anyway, even if the questions seem harmless.

If the police have enough evidence to obtain a warrant, then sooner or later they will come back and arrest him. If they manage to do that THEN worry about an attorney. It sounds like they have a weak case and are fishing for important information. As long as people are talking to them they will keep asking questions.

Save your money- no expensive lawyer unless he is arrested and charged with a crime. Right now it is just an investigation.

Your son has a right to remain silent, he should use it.

Your right, get the attorney when you need him.