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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
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Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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If an innocent person is possibly being falsely implicated

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If an innocent person is possibly being falsely implicated on charges of sexual abuse or domestic violence charges, what should that person do? A detective from the local police dept has already called asking to speak to the said accused, but no interview/interrogation has taken place yet. Should that person speak to the police, or wait for the presence of an attorney?

Alex J. Esq. :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex J. Esq. :

Are you online with me?

Customer:

yes

Alex J. Esq. :

Welcome, JustAnswer.com

Customer:

I'm here

Alex J. Esq. :

Can you please provide me with some more details of who is accusing who and what is the nature of the accusations?

Customer:

Well I'm not even certain that I am beimng accused yet. I have yet to speak to the detective to the nature of his call.

Customer:

I'm just educating myself just in case.

Alex J. Esq. :

What is the nature of the accusations?

Alex J. Esq. :

Have you made any statements to any law enforcement agent?

Customer:

A recent relationship of mine ended. The mother has a 4 year old also. The abruptness of her terminating the relationship was extremely bizarre. Reacting if I was some abusive, heroin dealing pedophile. She was sending me normal, loving texts one day. 18 hours later, she wants her keys back, never wants to see or talk to me again. Acting as if I'd done something terrible to her or her son. This was two weeks ago today. Now today, I get a message from a detective with the police dept wanting to talk to me. I have not given any statements to law enforcement.

Customer:

After numerous inquiries to why, she stubbornly would not give any explanation to her breaking up with me.

Alex J. Esq. :

Thank you for your follow up.

Customer:

I am fearful that she has fabricated some story to, for whatever reason, end her relationship with me.

Customer:

I am strongly considering getting legal assistance before I submit myself to any police questioning.

Alex J. Esq. :

The allegations against you are extremely serious, under no circumstances would someone in your situation should speak to the police or anyone else without first consulting with an experienced local criminal defense attorney.

Alex J. Esq. :

This is because anything that you say to the police, will only be used against use to build a criminal case against you and unfortunately the allegations are extremely serious,

Alex J. Esq. :

Does this make any sense?

Customer:

Yes. So when the detective calls back tomorrow, and I'm sure he will, what should I say to him? Am i obligated to meet with him?

Alex J. Esq. :

I can't tell you what to tell the local police, as only your local criminal defense attorney can give you such legal advise upon review all the details of your case.

Alex J. Esq. :

However, you are under no obligation to meet or to speak with the police

Customer:

So I can legally refuse to meet with the police dept regarding a possibly serious allegation?

Alex J. Esq. :

Yes

Alex J. Esq. :

Police can then arrest or detain you and attempt to question you, but you would have the right to remain silent and demand to speak to a local attorney.

Alex J. Esq. :

Does this make sense?

Alex J. Esq. :

The truth of the matter is, that police will make an arrest based on the existence of the probable cause and any suspect who chooses to make statements to the police about any pending criminal investigation, is generally only would make things worst and will help police build a criminal case against the suspect.

Alex J. Esq. :

Does this make sense?

Alex J. Esq. :

Do you have any related follow up questions for me?

Customer:

It makes sense. That's all I can think of for now.

Alex J. Esq. :

I wish you the best of luck.

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Customer:

thank you

Alex J. Esq. :

Thank you and Good luck!

Alex J. Esq. :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

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