Temple, TX asked in Criminal Law and Juvenile Law for Texas

Q: Should my son give a statement to investigator

So a month ago my 11 year old son exposed himself to a younger girl.we know it's not right CPS was called CPS closed out the case and he has been in therapy since then to try to figure out what happened it was completely unnormal for him to do this. However last week we got a call from an investigator wanting us to bring him into the interview so he could get his side of the story. CPS said that they did not think it was a good idea for him to be re-interviewed because he has taken this whole situation hard. we told the investigator we weren't going to come he said if we did not bring him in and he would file it with the district attorney and then they would come and pick my son up. My question is do we have to take him in,what could he be charged with, and if it is in a completely different county could they even come pick him up and arrest him? we cannot afford a lawyer and I have talked to two different lawyers and they have both told me something completely different. the investiga

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3 Lawyer Answers
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis
Answered
  • Criminal Law Lawyer
  • Bryan, TX
  • Licensed in Texas

A: The investigator has threatened to take the case to the District Attorney if you do not bring your son in. It is quite likely that if you do bring your son in for an interview, the investigator will still take the case to the DA, only your son will have made the DA's case a lot easier. The police often lie to get people to come in for an investigation. I have seen it happen more times than I can count.

Kiele Linroth Pace agrees with this answer

1 user found this answer helpful

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: I agree with my colleague. The cop is lying. Happens all the time. He would be within his discretion to close out the case without interviewing your son. He just wants to give your son a chance to confess, or to say something that can be twisted into a confession.

Stephen A. Nicholas
Stephen A. Nicholas
Answered
  • Criminal Law Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: There is nothing to be gained by bringing your son in for an interview with anyone about this situation, except the therapist; however, remember, what your son tells the therapist is not privileged and could be subpoenaed if there is a subsequent criminal type charge that stems from the investigator's investigation. All taking your son to be interviewed by this investigator will do, is provide more evidence against your son that can be presented to the DA who makes the decision whether or not to file a petition alleging your son engaged in delinquent conduct. This sounds like it going to happen, based upon what you say the investigator told you, so be prepared. If you cannot afford an attorney, the court will interview you and make a determination as to whether or not you economically qualify. Best of Luck!

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