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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29822
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Am I allowed to be in the room while my son talks to the public

Customer Question

am I allowed to be in the room while my son talks to the public defenders investigator in san Joaquin county
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 2 years ago.

My name is ***** ***** I'd be happy to answer your questions today.
I'm sorry to say, there is no right to be present while your son talks to investigators. Attorney-client privilege is destroyed by the presence of a third party, and there is no law that prevents you from being subpoenaed to testify against you son. If you were in the room while your son talked to the investigator, it could actually jeopardize his case. Conversations with the investigator are protected as attorney work product, but that protection doesn't extend to you.
I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.
Good luck.