Q: Should I seek an attorney before allowing CPS to question my son??
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
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.
Sean R. Hanover, Esq.
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