Legal Question in Criminal Law in Canada

My son, now 17 yrs old, was accused by a 12 yr old girl, of touching her genitals three years ago. A OPP detective has contacted him and wants to 'get his side of the story.' The officer contacted my son directly not through a parent but did tell him he could have a parent present during this interview. No charges have been laid. My question is; should we proceed with this interview without legal council? The officer says he isn't trying to 'railroad' my son, he will make sure he understands the caution, which is all fine, we understand that we don't have to answer questions and that what we say can be used against us in court however, we are not familiar with the legal system and knowing that we don't have to answer questions doesn't mean that we know if we should answer questions or how those answers can be turned against us. We have nothing to hide and so would like to get through this and put it behind us, but I don't trust the cop's motive. I think he is looking for an excuse to lay a charge and could easily manipulate a conversation with a 17 yr old to make it sound incriminating. I spoke with the cop after he contacted my son. He said he already has enough evidence to lay a charge but he hasn't decided if he will. He also stated he didn't see why my son wouldn't answer some questions if he didn't do anything. Interview is set up for tomorrow, at this stage is a lawyer prudent or would our hesitation be viewed as guilt?


Asked on 2/04/14, 2:42 pm

1 Answer from Attorneys
Kenneth Golish Golish, Kenneth W.

Despite what the police are representing to you, this appears to be a classic situation where your son should be talking to a lawyer. Your narrative itself suggests this already. That you decide to consult a lawyer can't be a basis for concluding your son is guilty of anything.

Read more
Answered on 2/04/14, 7:13 pm


Related Questions & Answers

More Criminal Law questions and answers in Canada