If a person is being investigated for a crime but has not been charged can they legally leave the state?

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If a person is being investigated for a crime but has not been charged can they legally leave the state?

My 20 year old son has been accused of inappropriate fondling of a child, my 6 year old nephew. The child has not been interviewed yet. I live in a different state and would like to bring him home with me and enroll him in therapy immediately. There have been no charges as of yet but the child will be interviewed Tuesday morning. I am concerned that my brother may take actions into his own hands and hurt my son. How will this appear to the courts if he leaves the state? We will not be hiding just leaving for safety.

Asked on April 29, 2012 under Criminal Law, Maine

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If your 20 year old son has not yet been charged with a crime and you are concerned that your brother may harm him, there is nothing wrong with him crossing state lines simply to visit you so that you can help him.

Before he goes and sees you, I suggest that you retain a criminal defense attorney in the county and state where the alleged fondling of a minor occurred to represent your son and once done, keep this attorney at all times advised of your son's whereabouts.


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