Should my daughter speak to the police regarding a possible criminal charge against her?

UPDATED: Oct 1, 2022

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Should my daughter speak to the police regarding a possible criminal charge against her?

I was informed that my 16 year daughter was on camera putting a card that was not hers in at a self-check at register to pay with her boyfriend. She would never use something stolen. She’s in criminal justice class and knows how stupid that would be. According to the officer, this is a grand larceny situation but there’s also an adult involved, as well as other people at other locations all

with the same card. This adult has 58 charges of this already. My daughter has never been

in trouble. She wants to go into law enforcement also. Now the officer is telling me he just wants to talk to my daughter and if she cooperates that hell go easy and that want he wants is the adult involved. Can I trust that? I don’t know what to do?

Asked on May 9, 2019 under Criminal Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your daughter should not speak with the police without having legal representation; she is under no obligation to do so if they they show up at your home. The fact is that the authorities are trained and experienced in getting people to make incriminating statements that can later be used against them. At this point, she should consult directly with a local criminal law attorney who can best advise here further. Since she has so much at stake, she should contact a lawyer ASAP.

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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