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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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i have been accused of taking 500.00 off credit card from a

Customer Question

i have been accused of taking 500.00 off credit card from a foreingn exchange student that lived with me for year and yes i did with her permisssion she owed money seh then told police i stole they have me on video i told them they would she has went back to brazil over 2 weeks ago i gave verbal statement they keep calling and want written statement and say they are going to arrest me what do i do she is gone and lies and i told truth but i am on video
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 5 years ago.

Dear JACUSTOMER - You should make NO statements to the police. If you get arrested or charged with a crime you need to get an attorney and if you cannot afford an attorney you should ask the court to appoint one. You can't be convicted of a crime unless she testifies or you sign a confession. A video does not show that you stole anything and it is just as likely that you used it with her permission as without. Talking to the police is the absolute worst thing you can do and every defense attorney in America will tell you the same thing.

So tell the cops that you do not want to make any statements without an attorney. If you talk to them they will use anything you say against you and nothing you say will help you. It will certainly not stop them from arresting you and if they had enough evidence they probably would already have done so.

Customer: replied 5 years ago.
i did talk TO THEM 2 TIMES but will not make written statement they keep calling and want that they say i will be arrested and it is going to prosecutor and keep coming to my house so i should just say nothing
Expert:  Dave Kennett replied 5 years ago.
You should stop talking to them. You have no reason to tell them anything and if they are going to arrest you they will do so whether you talk to them or not. Please believe me when I tell you that talking to cops is the wrong thing to do in every situation where you are suspected of a crime. Just tell them that you do not want to make any further statements until you talk to an attorney. Once you invoke your right to counsel they cannot keep questioning you. All they are doing is trying to get you to make their case for them.
Customer: replied 5 years ago.
do you think if they had enough evidence they would of arrested me already and not be asking me for written statement it has been over 2 weeks since she filed report and is gone back to brazil
Expert:  Dave Kennett replied 5 years ago.
Yes I believe they would have arrested you. The problem they have is that they cannot convict you in a trial without her being a witness unless you give them the information. So just keep quiet. I doubt she will be flying back anytime soon for a trial.
Customer: replied 5 years ago.
thank you i will not talk
Expert:  Dave Kennett replied 5 years ago.
That is the best advice any attorney can give you at this point. Thanks for using our service.