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?

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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

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 12 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.


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