Should my son have an attorney present during an interview with a police detective?

UPDATED: Sep 30, 2022

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Should my son have an attorney present during an interview with a police detective?

Allegation of rape against my son have
been filed. My son is meeting with a
police detective to tell his side of
the incident. Should he have an
attorney present?

Asked on January 19, 2017 under Criminal Law, Indiana


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

Answered 5 years ago | Contributor

Under no circumstances should your son speak with the police without having an attorney present. The fact is that he is under no obligation to go in and be questioned. He doesn't even need to speak with them if they show up at your house. He could inadvertently say something incriminating about this or another matter. Interrogating him without his having a lawyer present is to their benefit. If they can they will try and get him to implicate himself. Accordingly, he should not speak to them without an attorney being present. 

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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