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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I havent been charged with anything yet, but I was taken in

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I haven't been charged with anything yet, but I was taken in for questioning. I told the truth, and they said they wanted my side of the story, however, they would not tell me what the girl said accept that she can't remember. We were drinking and we had consensual intercourse at my house. She has been over to my house before. I live at home with my parents in their basement and they know this girl has been over before. We have been friends for a long time! I tried to drive her home but she wouldn't tell me where to take her. She was out of control, and I was tired of driving her around not knowing where to take her so I parked her car and I got out and walked home. The police spotted her at the park sitting in her car. She said she couldn't remember anything accept she had been with me. I have am very scared at this point and dont know what to do. Should get a consulation with a lawyer even though I haven't been charged with anything yet?
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Do you have any priors?





Customer: replied 7 years ago.
No not really. I had a misdemeanor for possession of a marijuana pipe in the glove box one time, but it was all dismissed when I went to college to play basketball. Never ever tested positive for drugs of any kind. This is all so mysterious and making me very nervous because I don't know what to expect. They said they were trying to rule out a sex crime, but there was no sex crime. It was all consensual. They asked if I was willing to take a lie detector test if it comes down to that and I said yes. Should I? What should I do? They also said the girl doesn't have a story cause she can't remember??
Yes, I would recommend an attorney ALWAYS. First, I am sorry for your situation. I would recommend first to retain an attorney as soon as possible. I would advise against talking to the police unless you are represented by counsel. While this may seem counterintuitive (i.e. you want naturally to present yourself as willing to talk the situation out and convince them of your innocence), remember that police are good listening to everything you say, and looking for other subtle cues. Also, anything you say can later be used against you, so again, I would strongly caution counsel.
But generally, you may relax. Police get false rape claims all the time, so unless there is a lot of physical evidence in the rape kit, you probably will not be charged.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Customer: replied 7 years ago.
To retain a lawyer though doesn't it cost thousands of dollars? Or could I retain a Public Defender? What would be best?
You can't "retain" a public defender, and they are only appointed to you if you are charged, OR if you ask for one during questioning or arrest.And lawyers' costs vary. Some may charge a few thousand, some few hundred. I always recommend private.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
















Ely and 2 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
Thank you.
Good luck.