Q: The cops came to my house looking for brother asking a statement for

The cops came to my house looking for brother asking a statement from him. They said they dont have a warrant but if he doesnt talk to them they will get one. This is about a shooting. What are his rights (hes 17) ? Is this a trick to take him to jail?

1 Lawyer Answer
Bill Powers
Bill Powers
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Answered
  • Criminal Law Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: Lawyer up. They can't get a warrant to force a statement. They can get a Warrant for Arrest, if there is probable cause and it's issued by a proper judicial official. They may also get a Search Warrant, again with proper grounds (normally via oath or affidavit) to search for something.

But there is no such thing as a Warrant to Compel Statement. There IS such thing as the Right to Legal Counsel and the Right to Remain Silent.

Here is a podcast that might help: https://www.carolinaattorneys.com/homicide-what-to-do-when-you-or-a-loved-one-is-facing-murder-or_1.html

Best bet would be to retain legal counsel and not post anything else online.

Bill Powers

Criminal Defense Lawyer Charlotte NC

Kristen Dewar agrees with this answer

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