Do I need an attorney even if my son is not being charged for holding a gun for a friend that stole it during a burglary?

UPDATED: Mar 20, 2012

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Do I need an attorney even if my son is not being charged for holding a gun for a friend that stole it during a burglary?

My son was not involved in the burglary. Police said they will not charge him and police is asking to have a volunatry statement filled out by my son. My son is 13 and has no priors.

Asked on March 20, 2012 under Criminal Law, Florida


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 years ago | Contributor

For the record, there is no such thing as a "voluntary statement" when it comes to the police. Any statement your son makes to the police can and will be used against him in court if he is indeed charged with an offense associated with the burglary. Even though he has not been charged, I would still contact a criminal defense attorney in your area for further advice concerning the possibilities of your son being charged or implicated in the crime before he get's to speaking about his involvement to the police.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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