Legal Question in Juvenile Dependency in California
I met my girlfriend in high school. She graduated the previous year and I am a current senior. We are 9 months apart, she is currently 18, and I am 17. I turn 18 on July 11. I am signed to the United States Marine Corps with parent consent. My mother is no longer happy with my relationship due to me moving out and she threatens to call the police on her if I don't go back. What can happen in this scenario and can she get in trouble?
2 Answers from Attorneys
She would only get in trouble if they prosecuted her... And if they could prove intercourse. Having a relationship is not by itself illegal. Your mother could complain, but unless she witnessed a sex act, it's just complaining. I'm assuming (hypothetically) if there was sex, you wouldn't want her prosecuted and therefore wouldn't make a report or cooperate with the investigation and prosecution.
Thanks (in advance) for your service.
If the police question you, refuse to answer any questions without an attorney present. If they want to search your residence or vehicle likewise refuse unless they have a search warrant. You have an absolute right under the Fourth and Fifth Amendments to refuse to answer questions or to consent to a search. You cannot help yourself and you can hurt your girlfriend by answering questions or by consenting to a search. They only reason the police would question you is to get you to incriminate yourself and your girlfriend. They will twist your words so don't answer any questions.