Legal Question in Criminal Law in Pennsylvania

Son accused of assault

My son works with my boyfriend(the boss)and me. We are all in supervisory postions. My son was involved with an older woman who accused him of stalking her and filed a complaint of sexual harrasment with the co. When my boyfriend found out, he demoted my son and moved him and me to another location in the company. This was on Monday.

The Saturday before this happened however, the woman is claiming that my son broke into her house and beat her up. My son was working with other employees at the time and can account for his time during the alledged break in and assault.

The police have called work and asked about my son's whereabouts at the time of the alledged assault, and were told he had witnesses during this time and could not be responsible for this womans trouble.

However, the policeman is a friend of the woman, and inferred that my son may not have done it himself, but may have paid to have it done.

We are completely ignorant of our rights and basically want to know if the police call, does he have the right to an attorney at questioning if he has not been arrested?

It is the weekend, and are having difficulty contacting an attorney.

Please help.


Asked on 11/13/04, 8:57 am

2 Answers from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Son accused of assault

He does not have a right to an attorney during police questioning prior to being arrested or detained by the police. In other words, is he free to leave at any time?

He does not have to talk to the police and, in fact, probably shouldn't until he speaks with an attorney. Call me at 724-845-8340 if you'd like to discuss further.

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Answered on 11/15/04, 4:56 pm
Matthew Schelkopf Chimicles & Tikellis

Re: Son accused of assault

If the police contact him he does not have a right to an attorney because he is not under arrest. Understand, he does not have to speak with the police and is not detained in police custody and therefore there is no right to an attorney. He may want to arrange a time to speak with the police after he speaks with an attorney. Contact me for representation (610) 520-7333.

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Answered on 11/13/04, 11:57 am


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