My son at the time was 10 and the 'victim' was 7. He denies this ever happened. I have a copy of the police report and the alleged incident happened in 2009 but it was only reported in 2011 after the 'victims' mother and I had a falling out.
His arraignment is coming up and I have been in contact with a few lawyers and one lawyer told me that not having an arraignment is the best way to handle this.
How can I approach another lawyer with the information giving to me. There wasn't too many details given to me on this approach so I'm not sure what I should say.
Criminal Defense Attorney
Are you sure your son is scheduled for an arraignment? Of course not getting arraigned is the best way to go, but, it is often very difficult to do so.
You don't need to explain this approach to a lawyer, any lawyer you hire should have an idea of where to go with this case.
If you dont' want your son arraigned you need to hire a lawyer BEFORE arraignment.
THESE are very serious charges and if convicted your son could end up having to register as a sex offender. You need a lawyer.
Employment / Labor Attorney
Get a criminal defense attorney right away. Do it immediately.
Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.
Criminal Defense Attorney
Not being arraigned would be ideal, but that may be outside your control. This charge is a felony, so you do not have the right to a clerk's hearing before the complaint issues. If the arraignment is already scheduled, then the delinquency complaint has issued and not having the arraignment is very unlikely. One possible way to avoid the arraignment is to convince the prosecutor to dismiss the charges pre-arraignment, but given the nature of the allegations, this is not very likely to happen.
A tactic the police may try is to have your son come in and "give his side of the story". Do not allow your son to speak to the police, not even if he denies any wrongdoing. His silence cannot be used against him, and in a he said/she said case that was not reported for two years, the police are likely to seek out a confession to bolster what sounds like a weak case.
You need to retain a lawyer who has experience in child sexual assault cases and juvenile delinquency defense. The proper pretrial investigation and discovery motions practice will be essential in putting together the best possible defense.
Best of luck,