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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23579
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Two detectives came to my home looking. He stated that I'm

Customer Question

Hi two detectives came to my home looking for me. He stated that I'm not in any trouble and need not to worry. He's investigating an open case and is interested in the other party involved. I filed a report a month ago about my ex, who has a record. Uncertain how to handle this situation.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Who is the likely defendant of the open case? Are you a suspect and are the police investigating whether to arrest you for someone else for a Criminal offense?

Customer: replied 1 year ago.
The likely defendant is my ex boyfriend. I bought him a vehicle which was repossessed and he alleged a weapon was in the vehicle n that I need to retrieve it ASAP. So I filed a report under those allegations. He has a record of drugs. I don't know what to anticipate here. I've never done anything illegal with him. I wasn't even aware of his habit until deep into the relationship.
Expert:  Zoey_ JD replied 1 year ago.

Thank you for the reply. If the police are just questioning you because of the complaint that you filed against your ex-boyfriend, then you are the states witness i in the case against your boyfriend. It is not a problem talking to the detective under those circumstances, because you are the prosecutions main witness in the case against him.

If, on the other hand, the police are not sure whether to arrest him and there is anything that you can say to them which may in criminate your self, then you need not to talk to the detective unless you do so with a criminal lawyer. So, how's your boyfriend been charged with anything at this point? Are the police trying to figure out who's gun was in the car?

Customer: replied 1 year ago.
I don't think they found a gun in the vehicle. He confessed after that he was lying. He just wanted me to retrieve the vehicle and I guess under terms of intimidation. So I'm
almost certain their visit wasn't in relation to the what may have been discovered in the vehicle. It has already been sold. I'm just concerned now what is this visit about. He has a long record which he still lives by. He's pending deportation.
Expert:  Zoey_ JD replied 1 year ago.

This sounds like it is your ex who is being investigated and not you and that there is nothing you would have to worry about if you cooperate with the detective. However, as I have said, anything you say incriminating can be used against you to charge you with an offense if that's what the police are looking to do.

You have no obligation to cooperate in an investigation unless the state summons you with a court order. You can turn the detective down and wait to see if such an order will come and they cannot hold that against you. Or, if you want to be helpful but you are very concerned about this -- and I understand why you would be -- you could consult with a local criminal lawyer who could call the police for you and get a better sense of what is going on and whether you should talk to them without representation

Customer: replied 1 year ago.
The detective I spoke with said sorry to bother me but he just wants to speak to me in person if it's possible. He will be out on vacation this week and will touch base with me next week. I intend to have a lawyer present during the meeting. To relieve any form of anxiety.
Expert:  Zoey_ JD replied 1 year ago.

Great! That's a very good idea. Police are allowed to lie to civilians when they are looking for information on a crime. So you can never take the word of a detective when he tells you that he's not looking into wheter to investigate and/or arrest you.

Under the circumstances you've given me, it does look as if it's him and not you who is the target of their investigation. But that could change depending on what the detective learns, so it's best that you have counsel with you.