Shenandoah, PA asked in Criminal Law for Pennsylvania

Q: my daughter boyfriend is being charged with aggrevated assualt should he voluntary go into the cops

he accidently shot someone with a bb gun, witnesses were asked for statements but the cops never spoke to him. today his mom called and the police told her he was being charged with aggrevated assualt and he should come down to the police station. does he have to go or wait to be arrested?

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1 Lawyer Answer
R. Patrick Link
R. Patrick Link
  • Criminal Law Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: If he knows of the warrant and does not turn himself in, then it is possible that could be used against him at trial under a "consciousness of guilt" instruction to a jury. The theory is that innocent people turn themselves in, guilty people evade the process. Also, if he turns himself in, he'd be more likely to get reasonable bail as it tends to show he is not a flight risk. However, he should NOT make any statements to police if he does turn himself in, unless a lawyer is present. You should get a lawyer now to arrange a surrender, and possible bail negotiation pre-arrest.

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