<p>Already mentioned the videos on Youtube of “Don’t Talk to the Cops” and a few related other videos. Watch them all–the different scenarios are enlightening. Make your kids watch them. They highlight readily how innocent people can get in trouble. One example has to do with a car search–if your kid drives other kids around they WON’T know if one of their friends has something to hide. Or being at a party where illegal activities may be happening (even if they aren’t involved). The videos are great because they show how to remain respectful but firm, give the right words to say and maintain your rights under pressure. They also illustrate that once you waive those rights–it’s hard going back.</p>
<p>Here it is HIMom, from T9- please understand I am not arguing. This is an awful situation. And, colleges, in many cases, can operate as their own fiefdoms. </p>
<p>"Furthermore, while the policy should afford the student an opportunity to have an advisor present during hearings or meetings regarding the sexual harassment allegations, he or she does not have a constitutional right to have an attorney present.38 (Texas v. Cobb (2001) 532 U.S. 162, 173.) </p>
<p>Please understand that I can’t extract myself from the fact that I would be all over that U, if I didn’t know why my child, one with known communications challenges, were called in blind.</p>
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<p>There is no verification needed. You never ever ever ever ever have to talk to the police without an attorney present. My husband is an attorney (not criminal defense) and he says that nobody should ever talk to the police without an attorney present, whether they have done anything wrong or not.</p>
<p>Bottom line- once someone has been asked to “come down to the station to talk” , its time to lawyer up.</p>
<p>** crossposted with proudpatriot</p>
<p>Why is there always such angst about consulting an attorney? That’s what they’re there for. If you have a health crisis, do you consult a physician or not? If you break a tooth do you call a dentist? In the professional context, most lawyers don’t bite at all and never bite clients or potential clients. Also, a consultation isn’t a lifetime commitment. Call the lawyer. Unless there is something like a body buried in the background here, the legal fees should be completely reasonable and prevention could prevent serious problems, particularly with a young man who has communication challenges.</p>
<p>Just since I stared this brouhaha, here’s the link- I understand I am looking at T9, which may not apply here. It has its own lens.<br>
We have no idea what is going on. My question is based on thinking it is campus police who called. </p>
<p><a href=“http://www.higheredcompliance.org/wp-content/uploads/2012/02/x-09-06-5.doc[/url]”>http://www.higheredcompliance.org/wp-content/uploads/2012/02/x-09-06-5.doc</a></p>
<p>Angst about calling an attorney? No. Just curious that we don’t know what’s going on. Not opposed to OP calling an attorney. And, as mentioned earlier, I’d try to fact find, make the calls, and garner support from the very college staff charged with protecting the interests of a kid with autism. That’s all.</p>
<p>At this point, I think I’d call an attorney just so I could have them find out what the heck is really going on. Hopefully, it’s not serious and can get cleared up soon. Good luck to mom and son.</p>
<p>lookingforward: The people at any university make their living from the university. If I were the OP I would not trust my son’s future to the university. I would want a true legal professional on my child’s side.</p>
<p>Edited to add: This is not a Title IX hearing, this is a criminal investigation involving police. Nobody is ever required to talk to police without an attorney present.</p>
<p>OHMomof2 – I’m with you – when I was telling S to brush his teeth, I should have been drilling it into his head never to talk to the police without an attorney.</p>
<p>re: police lying – definitely happens – about a year ago, a police officer called me and told me something about my son that I knew was a total and complete lie (he was not where they said he was and I had multiple kids and grown ups to back it up). They were just fishing.</p>
<p>Here are three videos that are VERY important for all of us and our loved ones to view–how to politely and assertively assert our rights in police encounters.</p>
<p>[BUSTED:</a> The Citizen’s Guide to Surviving Police Encounters - YouTube](<a href=“BUSTED: The Citizen's Guide to Surviving Police Encounters - YouTube”>BUSTED: The Citizen's Guide to Surviving Police Encounters - YouTube)</p>
<p>[Dont</a> Talk to Police - YouTube](<a href=“- YouTube”>- YouTube)</p>
<p>[How</a> to Refuse a Police Search - YouTube](<a href=“How to Refuse a Police Search - YouTube”>How to Refuse a Police Search - YouTube)</p>
<p>IF he’s being called in for questioning by anyone, have his attorney call to cancel and get more information. He does NOT have to provide any info and whatever he does need to provide can be given via his attorney.</p>
<p>There is no information that he is being called in for anything that would NOT entitle him to have an attorney present for this “interview” or “questioning.” When in doubt, I would assume that he has the right to have an attorney present.</p>
<p>"I would not advise either of my college age sons to agree to questioning by police just to be nice or helpful. If it is that serious that they need to talk to him in private, he needs to be represented by a lawyer. " - AGREE</p>
<p>Simply not going is not the best response. He needs to specifically invoke is constitutional right to counsel. “I decline to answer ANY questions without a lawyer present.”</p>
<p>Once the police hear him say that (or read it in a letter he send to them (and keep a copy), the police are not permitted to question him without the lawyer present.</p>
<p>The police can question him all they want to until he invokes his right to counsel.</p>
<p>My DH started drilling the attorney business into my kids at a precious young age. S2 was in kindergarten at his Jewish preschool when the teachers asked the kids to draw and picture and say something they had done that they felt sorry about. S2’s quote (which the teacher wrote on his sheet): “I can’t do this. I want to speak to a lawyer.”</p>
<p>We had to point out this summer that these rights do not extend to countries that were part of the former Soviet Union, and that the US Embassy in Ukraine might not be able to help him much. (He didn’t get in trouble, but had helped to stop a violent racial assault on another American student. S assumed the cops would believe his story.)</p>
<p>OP – You or an attorney should make the call. Do not let your S talk to the cops in any way, shape or form without representation. I would also let the office of disabilities know at the school; the cops might need some education on autism spectrum students. (I used to work at the local Mental Health Assn. We did lots of outreach to police on how to handle people with mental illnesses and other disabilities.)</p>
<p>If the police are telling you nothing, even if you didn’t ask, that’s odd tp say the least.</p>
<p>Hopefully we hear what happened.</p>
<p>Countingdown - I love the kindergarten story. </p>
<p>We didn’t start quite that young with my kids but they have been told if an officer ever stops them to speak to them (under 18) to simply say “I am not allowed to speak to you without my parents present.” Over 18 the magic word is “Lawyer” then shut up.</p>
<p>I make my kids watch those youtube videos at least once a year to remind them.</p>
<p>Just another post to say: Call an attorney to represent your son. I would advise this in these circumstances for a neurotypical child, but doubled, redoubled, and in spades for a child with autism. Ideally there would be an advocate for students with autism who could consult with the attorney ahead of time and explain how the responses of an autistic person might differ from expectations.</p>
<p>No real update. S chose not to go in this morning. No one called him back-- yet.<br>
Several times I was about to call, but didn’t. So neither of us called. I told S to have written down what to say if he gets another call (make some excuse why he didn’t show up–“Well, it didn’t sound that urgent since you didn’t say what it was about–and I had homework to finish before class that morning, etc.”) If they ask him to come in again, I told him to say he can’t answer any questions without his lawyer present.
I also talked to my D (who is not far from her brother), and she thinks it is obvious that this is all about SOMEONE else. She thinks I’m paranoid for worrying that S could be accused of something.
S believes that the police won’t call back. I hope he’s right. (Looking for a lawyer just in case. There is a lot of angst in consulting a lawyer if you’ve never talked to one before–just don’t know WHO to get, and really afraid of the expense and having no idea how much it could cost. . .)
BTW, I have no experience with police/lawyers/legal system. So I have learned a lot from this thread–at least to tell my kids to be cautious. I always thought those videos were just for people who actually broke the law–drunk driving, drug possession, etc.and were trying to make sure they didn’t get charged. . . so I never figured my very law-abiding kids would need this info. Thanks to various professionals and concerned parents on this thread for educating anyone reading–including me–on our actual rights.
One question–would a lawyer be able to get any info. out of the police that police wouldn’t give to me? I mean, why should a lawyer call and ask questions? If I asked the same question (like, “What is this all about?”) would I not be given the same answer as my lawyer?</p>
<p>Lawyers MAY get some answers that the general public won’t because the lawyers will otherwise not make their clients available and instruct their clients not to answer without a subpoena/court order. Parents and students aren’t seen to be as likely to have similar power. Lawyers are also more aware of rights and will enforce them–citizens tend to be less assertive of their rights (as the videos clearly illustrate). It could be that any lawyer hired would not get any answers either, but any attorney could make it clear that all contact with the client must be through him or her and in his/her presence.</p>
<p>I agree with everyone on here who says don’t let your son go without a lawyer but wanted to mention one thing that hasn’t been mentioned (unless I missed it). If this school has a law school, they most likely have a legal clinic. My son is a second year law student and works at the legal clinic weekly at his school. While the law students are not allowed to give legal advice (and I am not suggesting the clinic for this situation), they can advise whether someone should call a paid attorney. They can also answer questions about things that don’t require a lawyer, but still may confuse those not acquainted with a law. Like how to appeal a parking ticket, what exactly this word in a lease means, etc. This is a free resource for not just the students at the college but also the townies. I am willing to bet if your son went there, they would very quickly advise him to hire an attorney. Wouldn’t hurt to ask someone at the law school who they would recommend. I have been amazed at the specialty within law. My son worked this past summer for an attorney who does almost all of the IEP, 504, Title VI, etc work that is done in the state. If you have that kind of case, you want this guy. Other attorneys might do one case every 5 years or so and this attorney does them every day. The law clinic and law school will know who specializes in what.</p>
<p>atomom – I’ve sent you a PM.</p>