Ohio  |  Criminal Law

Legal Question

Asked on: 5/09/11, 4:34 pm

My son refused to waive his 1st amandment rights and ask for a lawyer and a phone call and was refused both. He was then held in county jail for three days, saw a judge and then released. Is this legal?

1 Answer

Answered on: 5/10/11, 9:52 am by Timothy Hess

Well, the first amendment guarantees persons the right to free speech. I think you might have meant his fifth amendment right to remain silent. The prosecutor has 72 hours to charge him and did not do so. If your son is 18 years or older, they do not have to contact you. He should have been allowed a phone call and counsel though.

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