Are my constitutional rights infringed upon when a authorities tell individuals not to contact me regarding a possible child molestation charge?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Are my constitutional rights infringed upon when a authorities tell individuals not to contact me regarding a possible child molestation charge?
A investigative report was filed naming me as a perpetrator in a child molestation. Department of Children Services had the mother of the child sign an agreement for me not to visit the family. Police told other members of the family not to contact me. I was told by police not to visit the family. I was questioned by police and took a lie detector test. I have not been charged with any crime. The incident occurred 8 months ago. Does this violate my First Amendment right to freedom of association?
Asked on December 13, 2010 under Criminal Law, Indiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I understand that you feel that your rights here are being violated and I am not saying that you do not have a valid point on some of the issues raised, like the fact that you have not been charged with a crime as of yet but are only under investigation. I think that what is happening is that the rights of the child are being weighed against your rights to contact - or Freedom of Association as you call it. Asan aside, Freedom of Association is a freedom that is guaranteed through the First Amendment of the Constitution of the United States. It is derived from our forefathers feelings of suppression in their right to assemble peaceably and associate with those that believed in what they believed in. But there is a caveat: the association must be based upon mutual consent. That seems to be what may be lacking here. So I think that this right may not be being infringed upon.
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 AttorneyPages.com 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.