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How do I protect my son and should I allow him to talk to the officer about his involvement in forwarding a cell phone picture.

Aurora, NE |

My son has been implicated in a situation where a picture of a nude girl was sent to his cell phone and he forwarded it on to others. It was a picture taken off the internet, and the person who sent it to my son told him it was a girl in their class. It was not the girl from their class, but my son forwarded it on prior to finding out that it was not her. The police officer who went to the school and investigated the incident is an acquaintance of mine and called me to tell me that there had not been a crime committed but that the incident could open up a possible civil case against my son and my family. He also offered to talk to my son and impress upon him how serious this is.

If I allow my son to talk to the officer could the information the officer gets from my son be used against him later? My son is going to be disciplined by myself and wife, but what can I do to protect him from any legal problems?

Attorney Answers 4


  1. Yes, the information could be used against him. You should speak with a criminal defense attorney in your area.

    Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction. Moore & Moore Attorneys at Law -- thelaw@mytrustedlawyer.com


  2. Without question, your son should have a criminal defense attorney. The office is not the final say as to the filing of charges. That does not mean your son's attorney has to create a controversy, but the attorney will know where to draw the line. You can pay for the attorney, and you son can pay you back from the savings on not having a cell phone until he turns 18.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.


  3. Do mot speak to the police without an attorney at your side.


  4. Any time you speak with the police they are trying to get information to use against you in the case they are building. You should hire an attorney for your son and be prepared for both criminal and civil action. Just because that officer says there was no crime does not mean that there will not be charges filed later.

    I am a licensed attorney in the state of Nebraska. However, the advice I give here is not to be taken as legal advice. It is merely my opinion based on the limited information given. In order to assure that your legal rights are being properly represented I would always recommend going in for a consultation with an attorney to explain your case in detail and answer any questions the attorney might have.

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