Washington, DC asked in Family Law and Juvenile Law for District of Columbia

Q: Should I seek an attorney before allowing CPS to question my son??

Hello,

recently I was notified by my son's school prinicipal that a parent had filed a sexual assault charge against my 7 year old son. The information as to the details of the case was very limited and she gave no information aside from the fact that he was named and that she would be sending out a memo about the alleged incident to all the parents of the school. She did inform me that she contacted the police and CPS. Fast forward, she contacted me the next day and said that the police would not be pursuing this incident. Still with no more details about what was alleged.

I just received a phone call from CPS who would like me to bring my son to the office to question him. I am concerned because I again asked what was the allegation and she gave no further information and I am worried about them questioning my son about an incident that I am not even knowledgeable about and was told it was not being pursued by authorities

Related Topics:
1 Lawyer Answer
Sean R Hanover
Sean R Hanover
Answered
  • Criminal Law Lawyer
  • Fairfax, VA
  • Licensed in District of Columbia

A: Great question -- NEVER speak with the authorities unless you are represented by counsel. This could have a devastating effect on your son and your family. You need to learn what gave rise to these allegations. In a CPS investigation, they will be targeting the family, and the environment that gave rise to the allegations. They could punish you as parents, or even take away your son. The charges, even though dismissed, are serious.

I recommend you contact counsel immediately. It is entirely possible to manage this process and avoid referral to an investigation officer (i.e. police...again!), and/or creation of a family plan that limits or even punishes you as a parent. Do NOT do this on your own. It will just cost you more when you have to hire to defend at a hearing.

Give us a ring at 703-402-2723 and I'll be happy to walk you through this.

v/r -

Sean R. Hanover, Esq.

703-402-2723

seanhanover@hanoverlawpc.com

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.