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Son 18, dating a 15 Year old, was asked to interview with the police. Do we need a lawyer?

Warwick, NY |

My son was dating a girl (15) since he was still a minor of 17. The police wants to talk to him together with social services in a couple of days. Her dad says there is nothing to worry, and he has talked to the police already, saying there was not sex as far as he know. We do not know if they had any sex yet. Should he consult with a lawyer before going to the meeting? I am afraid, if he did have sex, they might just want to get some kind of confession from him, in order to charge him. Or is it not necessary, I have never heard of just a casual meeting with social services and the police.

We just found out that it not the police who want s to meet, but a investigator from the social service office. Did not know that that even exists, does he even has to go to the interview, or is it mandatory?

Attorney Answers 5

Posted

What your son needs is a criminal defense attorney and not to go to the interview with the police. Anything he says there can be used against him, possibly in bringing serious criminal charges. He has a right to remain silent under the 5th Amendment and needs to stick to that right.

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Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

Yes---he is likely to be arrested and any statements will be used against him. Joseph A. Lo Piccolo, Esq. Immediate Past President, Criminal Courts Bar Association 11'-12' Hession Bekoff & Lo Piccolo 1103 Stewart Ave, Suite 200 Garden City, NY 11530 516-408-3666 (o) / 516-408-3833 (f) Jlopiccolo@hbclaw.net

Posted

You don't "need" a lawyer, but I strongly suggest you retain one to go to the interview and ensure that your son isn't coerced into confessing or into making any incriminating admission. You can probably have a lawyer attend the interview with your son (and meet with him before hand) for $200-$500 and it is money well spent. Most lawyers offer free consultations. Also, you want to contact an attorney right away if the meeting is in a couple of days because it may be hard to find a lawyer on short notice. Good luck.

Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation.

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Asker

Posted

We just found out that it not the police who want s to meet, but a investigator from the social service office. Did not know that that even exists, does he even has to go to the interview, or is it mandatory?

Daniel DeMaria

Daniel DeMaria

Posted

It is probably Child Protective Services. I need more information to know whether he has to attend the interview. You may want to repost a new question with all the details and ask specifically whether he has to meet, so that you get info. from multiple lawyers

Posted

Retain a criminal defense lawyer. Something brought this to the Police Department's attention.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

Absolutely meet with and retain an attorney in advance of this meeting. You should be reluctant to meet with the police for the exact reasons that you have already stated. Either way there is no obligation to meet with the police and/or social services if you don't want to.

Peter W. Green, Esq.
55 Main Street
Goshen, New York 10924
(845) 820-5091

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Posted

Yes

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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