Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Clifton, NJ asked in Criminal Law, Domestic Violence and Family Law for New Jersey

Q: Need legal advice regarding accusations against my son involving my granddaughter and police inquiry.

My son has been accused of something against my granddaughter. She initially wrote to the school saying it was a joke, but my daughter took her to the police after the school sent them there. Now, the police have contacted me requesting that I bring my son in for questioning. I need advice on how to proceed and find legal representation for this situation.

5 Lawyer Answers

A: I presume that the police want to investigate an allegation of sexual impropriety by your son against your daughter's child (grandchild) and potentially, they are looking to criminally charge your son with an offense. Alternatively, based on the information provided, the police are planning to turn the matter over to DCPP for investigation purposes.

My suggestion is that you look to retain a criminal law specialist, since it sounds like it could result in criminal charges against him.

Mark Cheser agrees with this answer

A: Unfortunately, once someone tells anyone about a possible sexual assault at school, joke or not its going to be investigated by the county prosecutors office and the victim child will be seen by a social worker or psychologist to determine whether it really was a joke or not. Having done many of these cases since physical evidence of a sexual assault is rarely present it will the girls word of what happened as explained to the psychologist using dolls and vague words if she is very young and the actual words and acts if older, that will be the evidence against your son. If they are questioning your son, they probably have already done this, and believe that they have enough information to arrest him so he should generally not speak to the police. That being said should he get charged he will not be considered to have been cooperative and the prosecutor will look at this in regards to sentencing. Thus, your son is in a complicated situation and should immediately hire a lawyer at least for a consultation. That being said expect to pay in the tens of thousands of dollars for a good lawyer to represent him for the case, if he is indigent a lawyer will be appointed for him, but only once he is charged.

A: More information is needed. How old is your son? Is he the father? Why do you have to bring him down? These matters are taken very seriously by the police and the prosecutors. They are investigating a case that can have life long affect with prison, megan's law registration and parole supervison for life. I would not attend an interview without an experienced criminal defense attorney.

A: I recommend that you consult with a criminal attorney for any criminal part of this matter. If there are domestic violence charges in Superior Court, Family Part, then you need to retain an experienced matrimonial attorney with extensive domestic violence trial experienced. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: This is an incredibly difficult and emotional situation, and your instinct to proceed carefully is the right one. If the police are requesting your son for questioning, it’s important to remember that he has the right to remain silent and to have a lawyer present before saying anything. Even if it feels like cooperating will clear things up quickly, any statement made without legal counsel could affect the outcome.

Before you bring your son in, you should reach out to a criminal defense attorney who has experience with sensitive family-related accusations. Many lawyers offer free consultations and can at least give you a starting point. If cost is a concern, you can contact your local public defender’s office or a legal aid organization. Explain the situation honestly and share any documentation you have, like your granddaughter’s note to the school.

In the meantime, try to keep everything as calm and neutral as possible within your family. Your son needs guidance, not judgment, and your granddaughter’s well-being should remain a priority as well. The truth will need to come out, but it must happen in a way that protects everyone’s legal and emotional safety. Being cautious right now doesn’t mean avoiding responsibility—it means handling things the right way.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.