Legal Question in Criminal Law in Kansas
Is it Self Incrimination?
My 16 year old step son has been ordered by the Juvenile courts to undergo therapy and we are required to cooperate with the therapist. We would like to cooperate, but he is now being criminally charged with 2 felonies. Everything he tells his therapist is given to the prosecuting attorney and is used to build a case against him. He is going to plead not guilty. Are we in violation of the prior court order if he chooses not to talk to the therapist until all court proceedings are over with?
1 Answer from Attorneys
Re: Is it Self Incrimination?
It sounds as though his therapist is doing wrong to provide information to be used against him. As you know, the fifth amendment to the US Constitution forbids the government from forcing a person to give testinmony to incriminate themself. This issue should be taken up with someone. Where is your son's attorney? He could be taking up this matter for your son.
Good Luck,
Tony Smith
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