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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23479
Experience:  9+ years defending Misdemeanor and Felony cases.
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I have been asked by a local police department to go in and

Resolved Question:

I have been asked by a local police department to go in and give a statement and be questioned about an alleged incident regarding a minor. The police say the case is open, they would like to close it. I do not know if they have probable cause to issue an arrest warrant, and if not, then do I need to go there and go through this inquiry? Is there an advantage/disadvantage to willingly cooperating? I suspect this is an attempt to cause me to say something incriminating. My adult niece accused me of molesting her son during one of several visits at my house last winter. The child has been questioned repeadtedly and has not said he was hurt or molested or given any indication of sexual abuse. He made a comment to his mother, in my presence, that I put my "... penis in his butt". My niece did not wish to discuss this with me then, but, she did talk to my wife and every other member in her family. Her mother encouraged her to report an incident.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 7 years ago.
You have no obligation to give any voluntary statement to the police. Any statement you do make, can and will be used against you in filing the charges and during the course of your case, by the prosecutor. Even if you go in and make a statement, the police can still decide that have enough information, to arrest you and have charges filed. If you want to cooperate, I suggest you hire an attorney to go to the police station with you. This is a very serious charge and you want to make sure the police do not abuse their powers and take advantage of you. It will obviously look better, if you cooperate but again, you have no obligation. The police are not going to tell you what information that have at this time. Only after a probable cause affidavit is written, will you know the basis for the charges. If you do not cooperate, then the police will do what they want. Your statement to them, i.e. that you did not do anything to your niece, is what they expect you to say. Making the statement really wont change anything but will show your willingness to cooperate.
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