should my son meet with detectives to be questioned about inappropriate text communication with a 17 yr old

UPDATED: Oct 1, 2022

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should my son meet with detectives to be questioned about inappropriate text communication with a 17 yr old

my son is 22 he was communicating with a 17 year old
female over the last 3 months, who will be 18nest week
on the 30th through text, sexting. her mother discovered
the text and she made a report to police of sexual
battery. Now the detective on the case wants to interview
my son to get his side of the story. I was told he could
not get a public defender b/c there has been no charges
filed. she told me she is in the middle of her investigation
and that once she hands it over to prosecutor then they
will decide if there will be any charges filed. should i
allow him to speak with the detective or should he invoke
his right in order no to incriminate himself.

Asked on August 19, 2018 under Criminal Law, California


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

Answered 4 years ago | Contributor

Do not let your son submit to police questioning without having legal representation. The fact is that he is not legally required to speak with them. And this true even if they show up to your house. The authorities are experienced and trained in getting people to incriminate themselves. At thispoint, your son should consult with an attorney ASAP.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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