Should my son have an attorney present during an interview with a police detective?

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Should my son have an attorney present during an interview with a police detective?

Allegation of rape against my son have
been filed. My son is meeting with a
police detective to tell his side of
the incident. Should he have an
attorney present?

Asked on January 19, 2017 under Criminal Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Under no circumstances should your son speak with the police without having an attorney present. The fact is that he is under no obligation to go in and be questioned. He doesn't even need to speak with them if they show up at your house. He could inadvertently say something incriminating about this or another matter. Interrogating him without his having a lawyer present is to their benefit. If they can they will try and get him to implicate himself. Accordingly, he should not speak to them without an attorney being present. 


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