Yes he can be questioned without you or without you being informed. He needs an attorney immediately. For future reference, he needs to know that he must ask for an attorney when the police try to question him. Not his parents, not anyone else. Even if one of his parents is an attorney. He should not make any more statements to the police.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.
Hiring an attorney for the son is the only effective way of controlling the case. Otherwise, they would approach him anytime and pressure him with questions. Most adults cannot withstand the pressure to engage the police, let alone a 16 year old. The 16 year old needs to have a personal attorney that he can rely upon and who will guide him. This type of charge can be DEBILITATING and life-ruining. Hire an attorney for him now to help prevent consequences which may follow him for LIFE!!!
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
Cops do that on purpose- question people when they can catch them off guard and unaware. You cannot request to be there and cannot invoke 5th Amendment protections on his behalf. Your son needs to know that the first thing he should do is ask for an attorney. The cops will try to get him to discuss things. He needs to say nothing other than "I want my attorney". He should not engage with officers, and not even deny allegations. All he needs to say is "I want my attorney". Now, you need to get him an attorney as soon as possible. At 16, he has his whole life ahead of him. These charges could ruin his life if not handled correctly. You need to get him an attorney he feels comfortable with so he can discuss the case openly with that person. Do not discuss the facts on this or any other public forum. Good luck!
The above stated is advice only, and does not establish an attorney-client relationship.