Legal Question in Criminal Law in Louisiana

My son has been accused, and now charged with "aggrivated rape". He is 14 years old. He visited his dad's home every other weekend, now he refuses to go. The accusations supposedly occurred when my son was on a weekend visit. OCS turned over the investigation to the local Sheriff's dept., because my son is now considered on out of home predator. I have called OCS to see if an investigation has occured into the parents (father & stepmother) but OCS says there is nothing to investigate. Don't you think there is a lack of parental supervision if you believe my son committed these crimes?

This is not the first accusation made against my son while in the care of his father. I believe this is the sixth. My son, of course, says he's innocent. He is now seeing a physiciatrist, at the recommendation of our attorney. Now, the DA is putting these charges on hold while my son continues to see this Dr. How long can she hang our lives on hold? Am I wrong to think that there is an issue at his dad's house and to expect that OCS will investigate this?

I also have a 4 year old daughter. My son visits many places while in my care, and there has never been accusations when he is in my custody.

Asked on 2/08/10, 10:30 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

OCS'S job is to assure children are safe. It is law enforcement's job to investigate all aspects of a crime, including all possible locations where the crime is committed. Since the crime occured away from your home, I assume the sheriff is investigating the location of the crime. I also assume your son is back with you and not allowed to visit his father. If I am correct, then the "lack of supervision" is taken care of. But the real issue is what is wrong with your son if there have been 6 or 7 complaints against him. I hope he gets the help he needs.

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Answered on 2/14/10, 4:08 pm

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