2 detectives came to my house to talk to my son (17) now about an allegation, he was alleged to have forcefully put his finger down a girls pants at her hosue... which is 2nd degree sexual assault .. but he was 16 at the time this happened , and the girl also was 16 . But my son said he didnt do it, and he Denys doing that.... so i called the detective , and asked what was the progress, and he said he's waiting for the district attorney to decide. and he will get back to me next week... what could possibly happen ?
2 Answers from Attorneys
Your son could be arrested. If arrested, your son could be suspended or kicked out of school. If convicted in court, your son could face prison time (or go to juvenile hall if they charge him as a minor), be forced to register as a sexual offender and be put on the sexual offender list, and have a criminal record. This will obviously affect his future chances at higher education, employment etc.
Here's the best advice you are going to get-
1.) STOP everything you are doing -- stop talking to the police, don't talk to the district attorney. Neither are your friend and neither are interested in what's in the best interest of your son. They are only interested in 2 things: (1) getting an arrest/conviction and (2) protecting the alleged victim. Also, this is a public forum, so please do not post any more questions on the internet looking for help -- others can read it.
2.) Tell you son to keep his mouth shut under all circumstances -- kids like to gossip. He needs to keep quiet about this and continue to keep quiet about it even after its resolved. If his school finds out, he could be in trouble there, even though the criminal process has not taken it's course.
3.) IMMEDIATELY hire a criminal lawyer -- I can't stress this enough -- IMMEDIATELY hire a criminal lawyer. A GOOD ONE. Your son's future is at stake and every penny you have to pay a lawyer to defend your son is worth it. Make your son get a job, if he already doesn't have one, to help pay for the lawyer.
4.) Use this as an opportunity to learn your son about the ways of the world. A world in which even the appearance of impropriety can land him in hot water. A world where all a girl has to do accuse him and then it's guilty until proven innocent. Your son needs to learn that boys and girls don't always mix and he needs to go out of his way to keep up appearances. It's not fair, but it's the world we live in.
5.) Please notice -- I have not taken any opinion on whether your son is guilty or innocent. Even though I'm sure you would like to believe him, I don't know you or your son so I have no basis to tell you "how good a chance he has of getting out of the charge." Here's what I do know -- IF YOU TRY AND GO THIS ALONE OR IF YOU TRY AND IGNORE THE SITUATION, YOU SON'S CHANCES OF A BAD OUTCOME GREATLY INCREASE. Criminal defendants who are represented by counsel have a MUCH higher degree of success than those that aren't, REGARDLESS of guilt or innocence.
Best of luck.*****The above is for informational purposes only and does not create an attorney client privilege.******
As Mr. Cook states, "your son could be arrested. If arrested, your son could be suspended or kicked out of school. If convicted in court, your son could face prison time (or go to juvenile hall if they charge him as a minor), be forced to register as a sexual offender and be put on the sexual offender list, and have a criminal record. This will obviously affect his future chances at higher education, employment etc."
Further, I would certainly follow his advice:
(1) Never talk to the police, district attorney or anyone without HIS attorney present;
(2) Everyone needs to stop talking now;
(3) Hire a criminal attorney, not a general practicioner, but a criminal attorney;
Phone 410 246 2152