Criminal Law Questions? Ask a Criminal Lawyer.
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.
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.
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.
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.
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.
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.
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