Legal Question in Criminal Law in Ohio

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?

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

1 Answer from Attorneys

Timothy Hess T. Hess & Associates, LLC

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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Answered on 5/10/11, 9:52 am

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