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Thomas Swartz
Thomas Swartz, Lawyer
Category: Criminal Law
Satisfied Customers: 2998
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Good morning, My Nephew (whom we take care of sometimes) has

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Good morning,
My Nephew (whom we take care of sometimes) has run into an issue with a girl he has dated. Let me first say that he was not very bright for dating this girl, but she was charming and cute and he ignored the warning signs of her serious drinking issues and mental instability. He dated her for the last 4 months and broke up with her on Monday. She begged him not leave her and after he did, she bruised herself and her reported him to the police for hitting her. A friend of his is on the police force and called him and said there was a warrant for his arrest now and he should come in and talk with them about his side of the story. This friend did go on the record stating that this girl is unstable and capable of false accusations.
My questions are:
How serious is this based on her word only?
Will he be arrested and does he need a lawyer?
Are there any precautions he should take before going in to speak with someone.
Thanks in advance...I'll tip well :)

It is probably not that serious. If this girl is mentally unstable, the police and prosecutors will likely find this out rather quickly and not take her seriously.

Nevertheless, since the police indicated that an arrest warrant has been issued, a criminal defense lawyer should be hired to fully protect your nephew's rights. Your nephew has no legal obligation to talk to the police, and he should not do so without the presence of legal counsel. Your nephew has the right to remain silent and not make any statement to the police. And legal counsel will be able to prevent your nephew from making any incriminating statements to the police which if made could be used against him if prosecution does take place. So, that is the main thing. Do not have your nephew go in and talk to the police without having legal counsel present.

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