QUESTION
Do we need to go for questioning? Or can I call the police department and tell them that we won't speak to them without a lawyer?
Asked on May 30th, 2013 on Criminal Law - California
More details to this question:
The victim is accusing my son of rape in a boys bathroom after school hours. He admits going in there with her and they both were kissing each other. He has a witness and a report has been filed. We received a call today from the sex crimes division wants us to come in for questioning. They are both 15 years old and my son says he did not rape her. We do not have a lawyer.
15 ANSWERS
You have the right to remain silent.
Answered on Jun 04th, 2013 at 9:11 AM
Michael J. Breczinski
You have a right not to talk to the police without a lawyer. Your son has the right not to talk with them either.
Answered on Jun 04th, 2013 at 9:11 AM
John J. Carney
All you know is what your son tells you and that may or may not be true. The girl may be lying as well. You should retain a lawyer and he will tell the police that he will not talk to them. No one should talk to anyone under any circumstances.The lawyer should get a statement from the witness before he dies, moves, or is forced to say something that is not true.
Answered on Jun 04th, 2013 at 9:11 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Hire an attorney immediately and have the attorney contact the police department.
Answered on Jun 04th, 2013 at 9:10 AM
Geoffrey MacLaren Yaryan
You or your son should not talk with police under any circumstances. Just call them back and tell them you have been advised to not discuss the matter with the police.be.
Answered on Jun 04th, 2013 at 9:10 AM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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Do not speak to the police without an attorney being present.
Answered on Jun 03rd, 2013 at 9:48 PM
Thomas Edward Gates
You need to go in for questioning on your own or a warrant will likely be issued based upon the girl's statement. Do bring a lawyer when you go.
Answered on May 31st, 2013 at 11:56 AM
Any time the police want to question a person that is suspected of a crime they should not talk to the police without an attorney.
Answered on May 31st, 2013 at 10:54 AM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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You need a lawyer.
Answered on May 31st, 2013 at 10:54 AM
DUI & DWI Attorney serving Irvine, CA
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You do not/should not go to the police for questioning with or without a lawyer.
Answered on May 31st, 2013 at 10:54 AM
Criminal Defense Attorney serving Chicago, IL
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Law Office of Andrew Gable
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You should hire a lawyer immediately and stop posting about the case on the internet. This is a very serious allegation.
Answered on May 31st, 2013 at 10:53 AM
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You would be crazy to send your son in there without a good lawyer. This could have a major impact on his life.
Answered on May 31st, 2013 at 10:53 AM
Obtain counsel. Today. If you can not afford counsel, he should invoke his right to counsel and not discuss anything relating to the incident with anyone until he has counsel, even if he is arrested and told its his only chance to tell his side. Rape is a serious charge and he needs to be quiet until he has counsel to advise him.
Answered on May 31st, 2013 at 10:52 AM
James Edward Smith
Lawyer up. Don't want your son to be a registered sex offender for life.
Answered on May 31st, 2013 at 10:51 AM
Benjamin Echols
Do not go in to talk. If they arrest your son, he should not talk to them. He must say, I will be glad to talk with you when my lawyer is present. That is all he should say. They may threaten and promise, but he needs to keep silent. "I will talk with you when my lawyer is present" is all he should say. I repeated that because it is vital to you.
Answered on May 31st, 2013 at 10:50 AM