Sexual Abuse with a minor.

[tnterry72]

What is the name of your state (only U.S. law)? Texas
Needing advice on what is the procedure for needing additional onformation for a current case. My son was involved in an incedent exposure case six years ago. The Da office called me wanting to speak with my son. i told the prosocutor know that I didn't want my son or myself to go through that again. The prosocutor stated that he would have to subponea me in order to speak to my son. I said okay. But later that day he speaks the son and get the infomation he needed. I find this out after the speaks to my son. I Called the DA office and ask to speak to the supervisor and i got a viove mail. I have trried several times to call the Prosocutor and he is not reutrning my calls. I plan on going to the DA office in person to speak with someone in person to get answers. Why call the parant if you total disregard what I said. I need to know what to do ????? I AM FURIOUS AND VIOLATED!!!!:

 

[kroam82]

How old is your son?

 

[tranquility]

You don't have a right to prevent the police from doing a reasonable investigation nor expect to receive information regarding it. The reason they called was to get your assistance in talking with your son.

In general, if your son is the target of a criminal investigation he should remain silent and tell them he'd like to speak with an attorney before further questioning. However, if the DA said he was going to get a subpoena, unless he was lying, your son probably is not the target of the investigation.

Ask your son what questions he was asked. If it looks like there is a possibility he will be charged with a crime, STOP talking with him about it and get him an attorney.

 

[divona2000]

What is the name of your state (only U.S. law)? Texas
...My son was involved in an incedent exposure case six years ago. The Da office called me wanting to speak with my son. i told the prosocutor know that I didn't want my son or myself to go through that again. The prosocutor stated that he would have to subponea me in order to speak to my son...

Son is still a minor? If this happened 6 years ago...was he the victim?

 

[CavemanLawyer]

If this is for something that happened six years ago I assume he is not the one currently facing these charges...so miranda and the magistrate's warnings for juveniles and so forth really aren't applicable. It sounds like he is just a witness to something.

The prosecutor meant that he was going to subpoena you to force you to bring your child to court and make the child available for questioning. You can't serve a minor so you serve the parent. The prosecutor is not required to subpoena you, that was just what you were forcing him to resort to. If your child is a witness to a crime the prosecutor can talk to that witness without your permission. The child cannot be forced to actually say anything other than in an official proceeding, but the prosecutor has every right to at least ask his questions. I assume the prosecutor called you first to see if you would cooperate even though he was determined to talk to the child either way. That seems pretty reasonable to me.

If the child is subpoenaed to court for the trial (through service on you) he can be forced to take the stand and can actually be forced to answer questions. I'm not sure how a judge would react with a child as the witness, but if the child is refusing to answer the questions out of indigence rather than trauma, the judge can hold him in contempt.