False Accusations!

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raptorwoman

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Three boys were spray painting buildings in the city we live in. On the morning of April
25, police spotted them. The boys scattered. One boy was caught. The boy that was caught has insisted that my son and my "nephew" were with him. Police came to my home around 2:30 a.m. to speak to my son since he had been accused. Officers said the incident had occured approximately 45 minutes before they arrived at our home. My husband was up at the time the police arrived. He was on the computer checking his work schedule. We woke our son up with the officers present. He came out of his bedroom, dressed in ONLY his boxers, to talk to the officers. They questioned him and he did not know anything about the spray painting. Officers checked his hands, his clothes he had worn that day, and his shoes. Obviously, they could see his whole body since he was only wearing boxers. The officers found absolutely no signs of any spray paint. We even offered to let them search our son's bedroom. They did not however. My husband and I are POSITIVELY sure that our son was not involved at all. However, we had to go up to the police station at 3:00 a.m. for further questioning since this other boy insisted our son was involved. After waiting an hour, another officer told us we could go back home because they had another situation they had to take care of. We were told to come back later in the day. After work that day, we took our son back up to the police station to give a statement that our son was NOT involved. Our son was read his rights before we gave our statements. We were then told that our son was probably not in trouble, but they would call us if needed.
My "nephew's" mother (she is my cousin) was called regarding this matter in the morning of April 26. She was told to bring him up to the police station to make a statement. She brought him up to the police station after work. My "nephew" was NOT read his rights, just asked to give a statement. My cousin is absolutely positive that he was home sleeping on the morning of April 25. Her mother lives with her and she had been up until 1:00 a.m. that morning. My nephew would have had to sneak past his grandmother to get out of the house. His bedroom is upstairs and it would be a sheer drop out the window to get out of his house. The police officer told my cousin that this would now go to someone and they would decide if the boys would have to go to court, otherwise this might be over and done with as of today.
My son goes to school with this boy, but they have no classes together. My son considered him a friend, not a close friend, but a friend. My nephew knows this boy, but goes to a different school entirely.
I guess the accuser has been officially charged. He is still insisting that my son and nephew were with him. We are positive that my son and nephew were NOT part of this. My questions are: Should I contact an attorney now or wait and see if I really need one? Can my son be charged with anything when the police know he did NOT have any spray paint on him just because this other boy is lying? How can someone get away with making false statements? How long do I have to worry about this - whether it's actually over and done with now or whether we have to go to court? Do my husband and I have any legal ramifications in having this boy charged with anything - making false statements, causing undue stress and anxiety, etc. Our son is absolutely sick about these accusations. He does not want to go to school. Any advice you can give would be greatly appreciated. Thank you for your time and expertise.
 
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