Legal Question in Criminal Law in Delaware

Re: Son Being Questioned

You should not allow your son to speak to the police and get him an attorney asap that has successfully defended and tied sex assault cases as this is a specialized area of criminal defense. This is a hard and fast rule. I have done so and would be glad to help. Good luck

Re: Son Being Questioned

Is this in Colorado or DE (Delaware?) What I can tell you is that Colorado has some of the most draconian laws of any state for allegations involving sexual conduct. As such, I would never take police questioning about this at all lightly. Not that you are, but the fact is, most people do not realize that these types of charges can result in life in prison or on parole or probation. At least in Colorado. And Colorado is the only state law about which I can talk with any reliable knowledge. So I would certainly recommend at least consulting with an attorney prior to any statement to law enforcement, and it may well be wise to have an attorney with you, as well. Police will do certain things when an attorney is not present that they would not do when one is present, in an attempt to get an admission to criminal conduct. You can contact my office if you have any other questions, or need additional information. Best of luck to you and your son.

Re: Son Being Questioned

yes you need an attorney - this is a lifetime offense

do not say anything else to the police without a lawyer - not your nor your son

tell son that the police will often have the girl call him and ask questions about what happened while they are recording - it is an attempt to get him to admit to something

the decision you are making now is the most important one you have ever made for your son, if you make the wrong choice, it will be the most important one you ever make for your son

GET AN EXCELLENT CRIMINAL DEFENSE ATTORNEY WITH EXPERIENCE IN SEXUAL ASSAULT CASES

Re: Son Being Questioned

I wouldn't advise an interview with the police, with or without a lawyer. They're not trying to find out the truth (and it may not be in your son's best interests for them to find out the truth anyway); they're trying to gather evidence that a crime was committed.

Do get a lawyer. Do not talk with the police, or with anyone about this but the lawyer.

Re: Son Being Questioned

He has a right to not allow any questioning by Police. So do you. USE IT. Also, any contact by the victim or a friend may be a set up where police are listening and recording. DON'T TALK to anyone without determining that it is not a set up. Get a lawyer.