do we need an attorney before an interview with law enforcement about child abuse accusations

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do we need an attorney before an interview with law enforcement about child abuse accusations

our daughter, who is incorrigible, went to live
with our older son and is now accusing us of
abuse

Asked on July 3, 2017 under Criminal Law, South Carolina

Answers:

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

Answered 6 years ago | Contributor

Under no circumstances should you speak with the police without an attorney being present. The fact is that you are under no obligation to do so. You could say something incriminating about yourself regarding the investigation. In fact, even if the police come to your home to question you, you do not need to speak with them. The fact is that questioning you without your having a lawyer is to their benefit. They can try and get you to implicate yourself. At this point you should consult with a criminal law attorney ASAP.

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

Answered 6 years ago | Contributor

Under no circumstances should you speak with the police without an attorney being present. The fact is that you are under no obligation to do so. You could say something incriminating about yourself regarding the investigation. In fact, even if the police come to your home to question you, you do not need to speak with them. The fact is that questioning you without your having a lawyer is to their benefit. They can try and get you to implicate yourself. At this point you should consult with a criminal law 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 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.

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