Letter saying vehicle was used in a theft from store

We got a letter saying our vehicle was used in a theft from a store and to contact the detective. We called and it is the vehicle our son, age 20, drives and it's his, just in our name. Husband explained this so detective contacted son and wants him to come in for an "interview" Son says he was at store with friends and plans to go meet with detective. I say he needs to take an attorney, husband says he doesn't and son thinks he doesn't. Son has no record as a juvenile or adult, just speeding tickets. I think he is the only one they can prove was there and he is going to be the one to pay the price for whatever happened. I doubt so called friends will come forward with any info. Any advice or information any one has would be greatly appreciated. Thanks!

I would not advise him going off to an interview like that without at least consulting an attorney. Oftentimes what people end up saying is some of the most damaging evidence used against them in a case.

Yes, that is what I am thinking. Also, the detective told husband today if son doesn't call him right back and set up a time, he will be at his house to arrest him.(Son) If they have enough to arrest him, why the interview?

Well they may have enough information to arrest him now--all they have to have for that is probable cause. The police want to obtain a statement from him as they almost always do because it is a good way to build their case if they get an incriminating one. When I prosecuted cases I was always delighted to review a case file and see that the police had obtained an incriminating statement from the Defendant. I seldom see a situation where giving a statement places the Defendant in a better bargaining position with the police and once you go on record as saying something it is awfully hard to take it back.

I've seen... I don't know how many cases where, but for a confession, a suspect would have walked. Litigator is correct, that the goal is to get a confession, or at least a self-incriminating or contradictory statement.

I had a call from a guy who was in a similar situation, where the police wished to talk to him about a "road rage"-type incident on a highway. He did not talk to the police and, without his giving them anything to work with, the matter was dropped.

Well, being one of the guys that does the interviewing, in some cases we have some info on the perpetrators and KNOW the person we are speaking to was involved but do not know exactly how. He could make the situation better by explaining what he was doing there, why he was there, and who he was with.

But, it would be better to consult with an attorney first.

If they have suspects diving into his car as they ran from the store, and the young man speeding away, they likely have a good case against the lad for the crime. His choices might be to dime off his buddies or take the rap solo. It really depends on what they have.

- Carl

To add to the discussion, I watched an A & E program on "American Justice", concerning Scott Hornoff, a Warwick, Rhode Island police officer, who was wrongfully convicted of murder and spent years in prison before the real murderer came forward and confessed. Saying he had nothing to hide and wanting to cooperate with police, the officer agreed to talk to police without his attorney present and gave a statement which became the focal point of his investigation for murder with a number of other details being overlooked. After getting out of prison, the officer admitted if he had to do it over again, he would have never talked to the police. An extraordinary case, yes, but it illustrates the precarious position one gets into by talking to the police in an effort to be cooperative and to clear their name. You can read about his case on the link below.
http://www.crimelibrary.com/notoriou...off/index.html

Too often, however, the police are given the dark motive of simply trying to solve the crime by any means necessary - even if they have to pin it on an innocent person. This just is not the case.

Sure, we often have our belief who the suspect is, but very often we want to get some clarifying info. Just as often we have the identity of a bit player and in order to get the real players we have to press the bit player pretty hard.

Is it gratifying when some guy confesses or gives contradicting statements? Sure. But, very often all the parties are a little grey and we need more than just the statements anyway.

- Carl

Thank you all for your replies. Son was at work all day yesterday and I didn't get a chance to talk to him in depth until after he spoke over the phone with the detective again. Detective said they had an eyewitness so son confessed. Now he is supposed to go meet with him in a few days. He is going to get a lawyer but I am wondering if what he said over the phone can be used against him. I am not trying to get him out of it, but I don't want him going in there without legal advice. What a dissapointment he is to me right now, I can't even express.

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Quoting justmyself1

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He is going to get a lawyer but I am wondering if what he said over the phone can be used against him.

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Yes, it can.

- Carl