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Ask Michael J, Esq. Your Own Question

Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2949
Experience:  Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
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My nephew and my niece are both 14. My Niece just accused my

Resolved Question:

My nephew and my niece are both 14. My Niece just accused my nephew of inappropriate touching and sexual advances with no penetration or forced oral. She states this happened when they were both 13, a little over a year ago. Her father is threatening to prosecute my nephew. I personally believe if anything did happen, it was consensual. Where does my nephew stand? Can charges and an arrest be made for this speculation?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 1 year ago.

Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

Michael J, Esq. :

I'm sorry to hear about your situation. You said it is your niece/nephew involved. I'm guessing they are not brother and sister, but cousins, correct?

Customer: Yes
Michael J, Esq. :

Thank you. I don't think you have a whole lot to worry about here. Both of the children are young, puberty age, and children "explore" at this stage. From what you have heard, I don't hear anything that would give rise to a criminal act at this point. I would suggest keeping the children away from each other for the time being.

Customer:
Michael J, Esq. :

Are you there?

Customer:
Customer:

I am having difficulty. i just changed from iphone to computer.


 

Michael J, Esq. :

Okay, that post appeared. I'll wait on your response.

Customer: My computer's chat isn't working. I'm back on iPhone.
Michael J, Esq. :

Let me switch to a Q&A format. That should help.

Michael J, Esq. :

Or is the iPHone working?

Customer: Can the father get my nephew arrested?
Michael J, Esq. :

As I mentioned, I don't see any criminal actions.

Customer: What do you think my sister should do? Wait to see if criminal action is filed or do something now to protect her son?
Michael J, Esq. :

For now the children should stay apart from each other. There is nothing she can do to "protect" the son other than keeping them away from each other. Also, remember that these are children - not grown adults who will get arrested by the police at the drop of a hat.

Customer:

Okay I will let her know. The father is just threatning legal action so we are all scared for my nephew.

Michael J, Esq. :

If he were to file something, this would be handled in juvenile court.

Michael J, Esq. :

But from what you have mentioned, I don't see why he would file anything.

Customer: Oh he will. If he can. His Dad is a cop. So we might just get a call from Jeuvienille Court then?
Michael J, Esq. :

Yes, you would get a call from Juvenile court if he did file anything.

Michael J, Esq. :

He would file something against a family member? I'm sorry to hear that. I hope everything works out.

Michael J, Esq. :

I'll schedule a follow up to see if anything was filed.

Customer: Would you suggest getting a lawyer then? Or just go to court? Could he be judges criminally?
Michael J, Esq. :

If something were to be filed, you should hire criminal counsel immediately. Juvenile charges are criminal but are sealed when the child reaches the age of majority. For now, just sit tight.

Customer: Ok. Thank you.
Michael J, Esq. :

No problem! Like I said, I'll schedule a follow up for a couple weeks.

Michael J, Esq. :

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,

Michael

Customer:
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2949
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
Michael J, Esq. and 10 other Criminal Law Specialists are ready to help you

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