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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27687
Experience:  25 years experience practicing attorney
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I am being accused of a burglary in Amherst, NY i never was

Customer Question

I am being accused of a burglary in Amherst, NY i never was there when they said 1 month or so ago. I do not even know where this house is any more they talking about been years since i been there. They wont show me more than one document of a vodka bottle with my finger print. They wont check street cams or put me on a lie detector test. They say come monday i be the fall man. How can this be so or possible? I was never there i not the kind person to do that they didnt even tell me the exact details of my evidence or the time it took place. PLEASE help me. I seriously have nothing to do with this and i dont want jail for something i did not do. Fourth and fourteenth admendment protect me in this case? Are they just blowing smoke?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 4 years ago.

Dear JACUSTOMER - I would stop making any statements to the police and request an attorney. Nothing you say is going to help you at this point as the cops cannot make any deals and they will simply charge you if they please. this has nothing to do with the search and seizure provisions of the Fourth Amendment but you need to assert your Fifth Amendment rights against self incrimination and not make any further statements.

 

If you cannot afford an attorney the court will appoint one. If you have an alibi and you were not in the area then your attorney can assert this as a defense in your case. A fingerprint on a Vodka bottle is probably not proof enough that you committed a crime but all of this is part of the overall evidence in the case and what you say to the police just doesn't matter.

 

Every defense lawyer in America will tell you the same thing. Whenever you are accused of any crime the absolute worst thing you can do is talk to the police.

 

Dave Kennett

Customer: replied 4 years ago.
Can you provide more information please
Expert:  Dave Kennett replied 4 years ago.

What else do you want to know? I have none of the facts in your case nor do I have access to the police report and all I can tell you is that talking to the police is a very bad idea. You definitely need to get an attorney and, as I said, if you can't afford one the court will appoint counsel. Please let me know specifically what else you want me to tell you.

 

Dave

Customer: replied 4 years ago.
Since it would be wrongfully arrested i read i can resist any arrest long it not in a violent manner? Do they have to show me documents if i ask? Do they lie about haveing edvidence they actually do not got? If they did not review the street cams and finger prints on the box that was cut for security alarm what can they do? I guess i really asking if you think they just blowing smoke? I gonna probally have a lawyer next month because any the free public defenders dont do much, do they ever lie about you gonna be convicted a certain day? And why wont they give me any the important details? Sorry for so many questions i really scared of being a wrongfully accused victim. I already talked to cops told them 100% truth i got nothing to hide. But i stopped talking to them now.
Expert:  Dave Kennett replied 4 years ago.

I would NOT advise you to resist arrest since then you could be charged with an additional crime. If they have any probable cause, such as a fingerprint, to arrest you then they are within their rights to do so. I understand your fears but it you were not in the area and can show you were somewhere else you should have nothing to worry about. I cannot tell you if they are 'blowing smoke" or whether they believe they have probably cause. Only they know that.Of course they will lie to try to frighten you as they do most defendants and that is why I'm telling you to ask for an attorney and keep quiet.

 

You can't control what they do but in the end they have to prove their case and if you have a good alibi then you won;t be convicted. That is why we have trials. You can't prove your case to the cops so don't try. It is not true that the public defenders don't "do much". It's just that most defendants don't have any defense as you appear to have.

 

Dave

Customer: replied 4 years ago.
Ok... What would a good alibi be? I probally was just siting at home in cheektowaga, NY. Might be lucky enough to been at a concert depending when it was. Also how long could i be sitting in a cell before trail? And last question can i sue for mental destress and lawyer fees?
Expert:  Dave Kennett replied 4 years ago.

You can't make up an alibi. All you can do is try to show that you were at home. If you try to make up something it will only look like you are guilty.

 

Dave

Customer: replied 4 years ago.
Oh i not saying i trying to make one up. I just saying what would a really good alibi entitle? And can i sue for the lawyer fees and emotional distress?
Expert:  Dave Kennett replied 4 years ago.

You cannot sue for emotional distress but if there is absolutely no basis for the case against you can sue for wrongful prosecution. A really good alibi is one where you can show you were not in the same town at the same time the crime occurred.

 

Dave

Customer: replied 4 years ago.
Would many people that are able to verify i was at home and me nowhere on the street cameras in that town sound good enough? Also what about the lawyer fees still, can i sue for those?
Expert:  Dave Kennett replied 4 years ago.

If you have a PD you won't have any lawyer fees. If you hire your own attorney you can sue for those in a wrongful prosecution case. Any evidence you can find that you were home at that time would be good. Phone records would help or receipts from purchases that day etc. Your lawyer can assist you in substantiating your alibi. I cannot provide complete legal advice from this website.

 

Dave

Customer: replied 4 years ago.
I understand trying get what is possible more than advice that all. Thanks for trying
Expert:  Dave Kennett replied 4 years ago.
No problem. Just listen to your lawyer and you should be fine. - Dave

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