Benton, AR asked in Criminal Law for Arkansas

Q: My 18 yo son received a citation for contributing to the delinquency of a minor.

He had a get together at his dad's house, the police showed up and told him that a 14 yo was being pulled over and fled the police causing him to crash . He told the police he had left my son's party. My son did not invite nor he knows the kid, which he explained to the police. The officer still gave him a citation. Is that possible?

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1 Lawyer Answer

A: It is clearly possible based upon your statement. Citizens are often shocked when they are affected by the powers of the police and prosecutors. Remember when you vote that the prosecutor has the discretion and makes the decision to charge a person with a crime.

Many potentially determining factors are missing from your question. Was the 14 year under the influence of alcohol or drugs at the time he fled police? If so, did he obtain these substances from your son? Did your son acquiesce in this 14 year old being a visitor at the "get together" at the father's house?

I expect that it would be difficult for a prosecutor to prove that your son contributed to the younger man's behavior away from that gathering. However, he needs legal representation. If he cannot afford an attorney the court will appoint a lawyer to represent him.

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