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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33285
Experience:  16 yrs. of experience including family law.
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I have a question my 4 year old grandson said that I put my

Customer Question

Hi. My name is***** have a question my 4 year old grandson said that I put my mouth on his pepe apprently this was said on Thursday last week his mom told me on Sunday that on Wed which is today that she taken him down to the pd what can they do I havent had my grandson since Sept 8 2015 can they arrest me right away or what happens
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

I am sorry for this dilemma.

They can arrest. That is, the threshold for arrest/charges under the criminal justice system is "probable cause". This means, evidence that tends to show a crime was committed and that the person arrested/charged is responsible for the crime.

So they could arrest.

And the allegations are serious. The could charge you with sexual interaction with a child, which is a felony.

If they do arrest, perhaps the best thing you can do is invoke your right to remain silent.

While they need very little evidence to bring charges, to convict the state must prove the case against you, beyond a reasonable doubt. If you remain silent (do not give any statement) and the only evidence the police have is statements from a 4 year old? Frankly it would not surprise me if the charges are dropped. But even if they take it to trial, this would be a tough case for the state to win...again, assuming you do not provide a statement and there is no other evidence int he case.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
But don't they have to have evidence and how they go about that..
Expert:  P. Simmons replied 1 year ago.

The complaint from the 4 year old IS evidence. That would be enough to allow arrest.

They would then investigate....they can perform an examination of the child to see if there is any evidence to corroborate his story. So they can certainly arrest you. This is why, if they do, i would be wise to invoke your right to remain silent and to hire an attorney to represent you. If you can not afford an attorney, the court will appoint you counsel.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
When she takes him to the pd can they directly use my name like example say did nana aka Susan do this to u or how does that wk
Expert:  P. Simmons replied 1 year ago.

Yes. They can. But again, this is part of the preliminary process. IF they bring charges, you get a lawyer...and your lawyer can be involved to access all of the evidence about how the child was interviewed by the police.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
How much I charge I live off my ssi and not that much money.. also if he said this on Thursday and she just now taken him in can't they ask her why wait so long can she get untroubled for waiting so long. Also my grandson isn't afraid of me at all he goes right to me all the time
Expert:  P. Simmons replied 1 year ago.

Ma'am you have to talk to the lawyer you want to hire and ask them what they charge. I can not speak for them.

But if you are on SSI? Most likely you will qualify for a lawyer, at no cost, from the court.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
OK last question if cps is involved since Thursday aren't they by law to contact the pd or do they do there own investigation first with the child
Expert:  P. Simmons replied 1 year ago.

They will do their own investigation. They will share information with the police (since they both work for the state). But they purpose of their investigation is different than for the police. CPS is focused on protecting the child. The police are focused on convicting the perpetrator.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 1 year ago.

Follow up,

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
If she did take him in to the pd will the pd contact me right away for she don't now my new address
Customer: replied 1 year ago.
Or will they wait till next day, 2ND question would she have to take him in to the local pd where she lives or to the pd where he says it took place
Expert:  P. Simmons replied 1 year ago.

Ma'am I can not tell you specifically what the police will or will not do. that is up to the police officer in charge of the investigation. I respectfully ***** ***** rate the answer as that is the only way I receive credit for my work

Customer: replied 1 year ago.
Where would she have to file the complaint in her local pd or where he says it took place
Expert:  P. Simmons replied 1 year ago.

She can make this report to any law enforcement officer in the state.

Again, I respectfully ***** ***** rate the answer, so I may receive credit for my work