Legal Question in Criminal Law in California

Re: Can my son be legally held?

Here is what probably happened:

The police investigated the burglary right after it occurred and recovered the fingerprint, but could not match it to anyone. They then re-checked the print periodically to see if it matched one that had been newly added to the FBI's national database. After your son was arrested for his other offense (you said he was on bail, and I presume the bail involves something that happened after the original robbery), his fingerprint became part of that database. The next time the police checked the print they found their match and your son became a suspect.

As Messrs. Wagner and Stone have noted, it was a *very* bad idea for your son to agree to a police interview without a lawyer present. Even if the police didn't have much evidence before they spoke with him they very likely had a lot more by the time they were done.

If your son doesn't have a lawyer yet, he needs to get one right away. He may already have ruined his chances of winning this case, but whatever chance he might have will depend upon his lawyer's skills.

Re: Can my son be legally held?

Your son should have known better than to volunteer to be questioned by the police. For that matter, the fact that one has the right to remain silent and to request an attorney be present during questioning is something YOU forgot to teach him. Now go hire him a private lawyer before it gets any worse.

Re: Can my son be legally held?

What makes you feel that the bail should be set at $5,000? Your son should have his lawyer file a bail review motion to see if he can get his bail lowered if you want to bail him out. Beyond the bail issue, it doesn't sound like there is much evidence on him. Although I wonder what statements he gave to the police.