<p>In addition to a law school having a legal clinic, the undergaduate school probably has a Student Legal Services program(I think someone mentioned that quite awhile ago). Free and low cost services by attorneys who can advise and it would be confidential. Since you are concerned about legal fees, you might google that at your son’s school and see what services he might be eligible for. Both my kids’ schools have Student Legal Services departments. As others have said, this does not sound like something that’s just going to go away. I hope you can find out what it’s all about soon. Good luck.</p>
<p>The police may give more information to the lawyer because he is the legal representative of your son. While you are his parent, if he is over 18, and not in a conservatorship/guardianship, you have no legal standing. This is (in theory) for his protection. It might be worthwhile for him to sign a power of attorney, allowing you to represent him in the future - that would give you the legal right to speak for him, and to be given information that would otherwise not be released to you.</p>
<p>Ask lawyers about costs when you contact them.</p>
<p>Atomom, This is a very long thread but it seems that noone has really gotten through to you. </p>
<p>If I were you, I would go to wherever your son is, talk to the college dean, look into lawyers, and then clear this up with the authorities, whether campus or local police, in whatever way is recommended.</p>
<p>In the meantime, call the CID number and say the appointment is being postponed until you or someone representing your son can go with your son, because he is on the autism spectrum.</p>
<p>A lawyer can be $200 for an hour, and they also often have free consults. It will not be an hour, for the lawyer to call. And hiring the lawyer, even if for two hours, could very well save you thousands in the end.</p>
<p>I am honestly shocked that you are taking your daughter’s advice that this must be about someone else, and therefore not taking actions that may be required to protect your son. This may very well be minor, or about someone else, but noone of us have gotten that vibe from your story, and this is a situation where you would want to think about a worst case scenario, just in case.</p>
<p>Maybe this is “nothing”, but I would make an educated guess that something that OP’sS has done has been misconstrued by either another student or someone on the university staff, who then contacted university police. </p>
<p>I agree with others that it would be essential to retain an attorney in this type of situation. If OP has never needed to retain a special education attorney before, they are indeed very,very fortunate, but that is the type of attorney I would initially seek. I would also try to find a mental health professional experienced with ASD clients and who has no connection with the university if this hasn’t already been done, unless S is already in contact with the disabilities office and confident in their judgement and advocacy.</p>
<p>The real truth is, it may turn out to be nothing BUT at what % chance do you allow for it to turn into a giant disaster by not being extra vigilant - for me, ZERO!</p>
<p>When you are spending 5 or more figures each year for a college education, the time and energy expended to contact an attorney in your child’s state and area is really miniscule. As has been said, many/most attorneys would charge very little or nothing for a consultation and very little for a phone call and/or letter to the police on behalf of your son. For us, it would be a non-brainer. As was said, many law schools and public defenders offer free or low cost services as well.</p>
<p>I’m an attorney, but do not practice criminal law…plus I don’t think I’m in the same state as the OP. However, I want to add one thing to the advice here.</p>
<p>NEVER ask your child what he or she has really done. There is no parent-child privilege in the US and you can be forced to testify as to what your child told you. Think all you want that that doesn’t matter; no matter what the law says you won’t testify against your child. You CAN be put on a witness stand and asked what your child told you and if you refuse to answer an adverse inverse CAN be drawn–the jurors will think your child admitted something bad to you. Moreover, you CAN be held in contempt for refusing to answer. There may be a phone log showing that your child talked to you for 1.5 hours the day he was asked for an interview. Testifying that you “don’t remember” what your child said won’t cut it. </p>
<p>There is a 5th Amendment privilege against incriminating yourself. There is no 5th amendment privilege against incriminating your child. A husband or wife can not be forced to testify against a spouse. A parent CAN be forced to testify against a child in my state and I think others as well. </p>
<p>In a serious case, it’s at least possible that there is a phone tap. If there is, your call may be recorded. </p>
<p>Now, I’m not suggesting there is a wire tap in the OP’s case–not in the least. I’m just saying that if your kid is in serious trouble, don’t push them to tell you the real story.</p>
<p>My cousin, the lawyer, has advised me to instruct my son to say, “I have nothing to say” when/and if questioned by police.</p>
<p>It’s very possible that the police could question your son and instantly realize he is not the person they are looking for… but why take the risk? What if they question him and figure that since he is already there, and acts a little strange, why not decide that he is in fact the person they are looking for? Sure is a lot easier than going out and tracking down someone else.</p>
<p>Since there was no scheduled appointment time, I don’t think your son blowing it off was a big deal. If they call, instead of having him tell them he won’t speak without an attorney, line up an attorney and have him give the police his number. Your original line might sound like a bluff and you’d have to scramble if they called it.</p>
<p>I also suggest you have your daughter and husband look at the videos and then see what they think. I tend to agree with your daughter that it’s likely a case of mistaken identity, but that won’t stop it from ruining your son’s life even after he’s proven innocent. While not very similar, look at what happened in the Duke Lacrosse scandal.</p>
<p>
You won’t know if you never ask the question. The worst they can do is say they won’t tell you for whatever reason (S is over 18, they don’t want to be forthcoming, etc.).</p>
<p>The police do not have to tell you the truth. In fact, there are some scenarios in which they really should not tell you the truth. </p>
<p>Seriously, do not be “penny wise and pound foolish.” Get a lawyer. If there’s no on campus option, call the local bar association and ask if it has a legal referral service or can recommend one.</p>
<p>If you are willing to disclose the information, what state is your son in? Maybe one of us on here who is a lawyer in that state (or otherwise has contacts) can direct you to an appropriate criminal defense attorney who is affordable. My guess is that right now you are probably talking representation for a few hours, max. That would almost certainly run you less than $1,000 and probably less. If things go horribly wrong from there, there is always the public defender route (they are paid by the state to represent criminal defendants). I am TOTALLY NOT SAYING this is going to happen, but the best way to ensure it does not is to start with legal representation from the get-go.<br>
I am licensed in Texas, BTW.<br>
Good luck to you and your son!</p>
<p>S and I are in different states. Some on CC know where S goes to college and where I am.
Thanks for NOT putting that info. (if you have it) on this thread.
Another quiet day with nothing to report from S. . .
I have learned a lot from this thread, and thank you for all the info. At least I was able to advise S to watch the videos and NOT go in. Just trying to make the best decisions based on the information I have (which is not all on this thread. . .)
I’ll post again if I hear anything. Thanks again, atomom</p>
<p>I would contact some of the autism support groups in your child’s area. They frequently know of lawyers in the area who are familiar with your child’s disability and would be of tremendous help. I belong to a support group on Long Island, ny and we always have lawyers that speak on legal issues and kids on the spectrum at our conferences.</p>
<p>Mystery Solved!
Police called S back yesterday, but he didn’t answer. S called me and asked me if I would call police back, so I did. Fortunately, I talked to the same officer who called me Monday. He said he usually can’t tell why a kid was called in (for obvious reasons), but in this case, because I had already told him S is autistic, and because he knew it was a minor issue, I think he was sympathetic to what I said, and he just told me.</p>
<p>So, what was it??? Sort of embarrassing after this whole thread, all this anxiety!<br>
Apparently S had put his key card through some other locks besides his own room–some in his dorm hallway, but more notably (and THIS is why they called him in) in the outside door of a lab building where he had no business on a weekend. (S didn’t even know what was in that building). So after I talked to the officer, I called S, told him what the issue was, asked him to explain it to me, and told him to go explain it to the officer the next morning. (Officer told me S still needed to come in so he could hear his excuses and reassure the people at the lab that no one was trying to break in. . .he told me he didn’t want to have to go find S at his dorm or classroom, as he knew that would be embarrassing for S, but if S didn’t show up, he’d do that. It sounded like something he was required to check off his “to do list”–that he actually SAW S, and S had a reasonable explanation, and didn’t seem to pose any risk to lab security. He wasn’t exactly “officer friendly,” but he was pretty nice, and apologized for the anxiety I went through.)</p>
<p>S went in this morning, talked to the officer for about 5 minutes and was told not to do it again–that he could be charged with trespassing. The officer told him that there are a lot of toxic chemicals in that building, so it is a high security place. S said the officer was “nice.”</p>
<p>So, why did S try to enter that building? His sister was visiting. S showed her a few places around campus, and she asked if there were any buildings he hadn’t been in–and S said, “just THAT one.” (It is an “architecturally interesting” building). So they went up to the door, S swiped his card a few times, but the door didn’t unlock, so they left.
Regarding the dorm rooms, S said he just habitually ran his card through the one door he usually passes as he walks to his room, and one time, when he came from another direction, he put his card through all the locks in that hallway --“because it makes a cool beeping sound, and I wanted to hear the sound.” (Didn’t know whether to laugh or cry when S told me this–he sounded like a 5-year-old!)
He had no idea these “attempts to enter” were being recorded.
Anyway, fyi, if any of your kids use key cards, tell them it’s NOT a good idea to randomly put them through other locks–even if just to hear the “cool beeping noise!” Big Brother sees all.</p>
<p>Phew. Glad you got a nice-enough officer who would talk to you and doubly glad that it was nothing. I’m not surprised that they keep track of that stuff. I believe it helped solve a crime on a campus a year or two ago. I can’t remember the school, but it was in a lab. Anyone else know what I’m talking about?</p>
<p>So glad to hear that it all worked out. Yes, part of the point of the key cards is to record access and access attempts–though it’s sort of weird, because if the key card works, it’s because you were supposed to have access. I suppose that some sort of system-hacking could be detected from the recording, though, if the list of those granted access were compared with the list of those authorized for access.</p>
<p>Thank you for coming back to share this. Glad this was simple.
I will keep in mind the advice to consult an atty, should my kids ever be in some jam.
I do, however, suggest some check how constituitonal rights apply on college campuses. Lots written about the nature of the relationship between the kid and the school. Just check it.</p>
<p>Wow - glad to hear it was relatively minor and that it seems to be cleared up. Seems like the officer could have avoided a lot of anxiety if he had just talked to him and you about all of this from the very beginning. I’m confused as to how your son could be charged with trespassing if he tries to get into the building’s door again. If it doesn’t open, he can’t get in, and if he’s just outside of a building on campus, how is that an actual crime??? Weird, but I’m guessing they want to really deter him from trying it again. Also would have been nice if someone from the campus had talked to him (and you if necessary) about this before the police got involved. Sounds like an awful lot of unnecessary hoopla and worry for both you and your son. 
Hopefully he’s all good now though!</p>