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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23951
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have been accused of a crime I did not commit. I overheard

Customer Question

I have been accused of a crime I did not commit. I overheard the people saying that they were going to cut my hair for Dna. I told them I knew their plan. They think this is admission of guilt. I know about them accusing me because I heard them accuse me but they did not know I heard them.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.

Hello,

Who has accused you of a crime? Have you been arrested and formally charged? Who did you hear say anything about cutting your hair?

What is your question?

Customer: replied 10 months ago.
I want to know if me telling them I knew what they were going to do is admission of guilt.
Expert:  Zoey_ JD replied 10 months ago.

No, it is not an admission of guilt. You said only that you knew their plan. You said nothing of what you did or didn't do.

Customer: replied 10 months ago.
They think it is and are saying they got me.
Expert:  Zoey_ JD replied 10 months ago.

It's a police tactic. They are trying to get you to keep talking and say more and make a confession. Don't. If they ask you questions tell them you have nothing more to say without a lawyer. That's your Constitutional right. They may arrest you if they think you did something wrong, but as long as you don't discuss the incident with them, they can't use anything against you.

Customer: replied 10 months ago.
I have done nothing wrong but told them I knew what they were up to. Why would I get arrested?
Expert:  Zoey_ JD replied 10 months ago.

I don't know. You're the on who says you're being accused of a crime. I asked you a series of qyestions you have yet to answer for me.

You can be arrested and charged with a crime if the police have probable cause to believe you may have committed a crime. Probable cause is just a reasonable belief you may have committed an illegal act. It doesn't require much evidence. The word of an accuser can sometimes be good enough.

It takes quite a bit more evidence to convict someone of a crime. That requires proof beyond a reasonable doubt. But it doesn't take much to get you arrested.

Customer: replied 10 months ago.
I live in the projects and was suiting on a bench out front when three people came out with two children. They were running around not being watched. The mother accused me touching her two year old. I did not. The police said she had to have proof that I did something do she was going to make some up.
Expert:  Zoey_ JD replied 10 months ago.

They have nothing on you. There is not enough evidence to make an arrest. Even if they did a DNA test, it would show nothing, and they would have to arrest you to take your DNA.

Expert:  Zoey_ JD replied 10 months ago.

I am turning in for the night. If you have another follow up I will answer in the morning

Customer: replied 10 months ago.
She is trying to say the other women saw me do it as well
Customer: replied 10 months ago.
I also called the police and told them what they were trying to do. I hope that does not hurt me. I just wanted to protect my self.
Customer: replied 10 months ago.
I am so worried
Customer: replied 10 months ago.
I yelled down the hall I knew that they were trying to get Dna I other people heard I hope they do not try to twist my words. I have nobody to back me up. I hope this does not hurt me l just wanted them to leave me alone. I also walked down the hall to where their unit is and yelled. I am so worried
Customer: replied 10 months ago.
Can Dna be taken from a mailbox in the common room?
Customer: replied 10 months ago.
The cops put me on hold for a long time I hope this does not mean anything.
Customer: replied 10 months ago.
I told the cops they were trying to get my Dna I hope that does not hurt me. I think I may have done the wrong thing. I am so worried.
Customer: replied 10 months ago.
I also told them where I live they sad they were going to send someone out but they did not I called twice.
Customer: replied 10 months ago.
They are saying I gave police probable cause did ?
Customer: replied 10 months ago.
They also say I am stalking and spying on them because I was outside their unit I was not.
Customer: replied 10 months ago.
They are saying I did myself in by calling the police did I?
Customer: replied 10 months ago.
They are saying the cops can get Dna and match it to the little girls clothes.
Customer: replied 10 months ago.
This happened a week ago.
Customer: replied 10 months ago.
The incident gapped a week ago
Customer: replied 10 months ago.
The incident happened a week ago.
Expert:  Zoey_ JD replied 10 months ago.

Sorry for the delay. As I indicated, I turned my computer off for the evening and went to sleep.

If the police believed you were a child molester, you'd be in jail already, charged with a serious felony. That has not happened. It is clear that the police don't believe the mother. And she can say all she wants about DNA, because she doesn't understand it, but if you left no bodily fluids on the girl's clothes, a test would come out negative for your DNA. As you didn't touch her, let alone put your bodily fluids on or in her, there's no need to worry about a DNA test.

I don't know what this woman's problem really is with you. But I don't see anything more than an angry woman trying to worry you and succeeding at it. Steer clear of her and her children and don't talk to her about this or about anything else.

In the unlikely event you do get arrested and charged with a crime, if you can't afford a lawyer, when you are arraigned you'll be appointed a free lawyer and can fight the charges. But I do not think there's enough evidence to go forward.

Customer: replied 10 months ago.
They are talking about touch Dna or what if she touched the bench I was sitting on could that happen
Customer: replied 10 months ago.
Now they are trying to get me evicted for yelling at them and was call the police and telling them about what they were trying to do the right thing to do?
Customer: replied 10 months ago.
Will the police think something is up because I mentioned Dan.
Expert:  Zoey_ JD replied 10 months ago.

No. They won't think anything is up just because you mentnioned DNA. And no, if she touched the bench you're not in trouble. DNA requires bodily fluids, hair or skin samples. And they would be looking for yours on her and not yours on a bench. You don't get other people's DNA all over you from sitting in seats that others have sat on.

Stop worrying about this charge. And stop having anything to do with them. Clearly they don't like you, but they don't have evidence to charge you with this crime. And they cannot order you to give DNA in any case.

Customer: replied 10 months ago.
This is a whole group of people doing this nobody likes me because she ruined my reputation. Now everyone here thinks I did it.
Expert:  Zoey_ JD replied 10 months ago.

Everything except the police. If she defames your character and you sustain actual ecnomic damages as a result, for example if she does manage to get you evicted due to her lies, you could sue her in civil court for this.

But that was not your question. You wanted to know if you could be arrested or if you'd made any admission which could be used against you. The answer is that there is simply not enough to have you arrested and charged with a crime based on what you've told me.

Customer: replied 10 months ago.
Ok but I still worry because these people make things up they want me out arrested.
Expert:  Zoey_ JD replied 10 months ago.

It hasn't gotten anywhere yet, and like I already said, the crime you say they are accusing you of is a very serious one. You would not be at liberty if the police believed it. I'm sure that what they are doing hurts your feelings and worries you, but with all of that, you haven't been arrested and that says a great deal.

I think they are just making noise. Avoid them and don't discuss this with them.

Customer: replied 10 months ago.
They are plotting to break in to my apartment and get Dna from the bathroom I am afraid to leave my apartment
Expert:  Zoey_ JD replied 10 months ago.

If they break into your apartment you can call the police and have them arrested. If they are harassing you for no reason, you can contact a civil lawyer and have him send them a cease and desist letter. If you can't afford a civil lawyer to do that, you could go to the local Legal Aid office and see if a lawyer there will help you with one.

Customer: replied 10 months ago.
I got a whole apartment building against me they want to see me go down.
Expert:  Zoey_ JD replied 10 months ago.

I'm sorry to hear of that, but there's nothing more that I can suggest. I can't solve your housing problem. I'm not a landlord tenant lawyer. You asked a criminal question about admissions and sex offenses and I have answered it. I have given you suggestions on how to make tha harassment stop.

For more of your rights as a tenant in a project, you'd need to post a separate question in our Landlord Tenant category.

Customer: replied 10 months ago.
Ok thank you
Expert:  Zoey_ JD replied 10 months ago.

You're very welcome and good luck!

Customer: replied 10 months ago.
They have took Dna from my mailbox and are going to use it against me.
Expert:  Zoey_ JD replied 10 months ago.

No, they won't.

Customer: replied 10 months ago.
They already did what can I do
Expert:  Zoey_ JD replied 10 months ago.

If you're worried about what can come of this, then get yourself a criminal lawyer. Frankly, it takes weeks and weeks fro DNA results to come back, and assuming that there is DNA in your mailbox, that doesn't mean it's on the girl. This is all very extreme, and although I'm sure you believe this, I'm highly skeptical.

I still think you're worrying needlessly.

Customer: replied 10 months ago.
I know they did it because I heard them say it
Expert:  Zoey_ JD replied 10 months ago.

Are you saying the police took a sample or that residents in your building did?

Customer: replied 10 months ago.
Residents in the building did
Expert:  Zoey_ JD replied 10 months ago.

They are lying. You get DNA from blood, semen, hair, saliva, urine, skin cells, perspiration, teeth, bone, and internal organs. These people haven't the faintest idea of how to collect a DNA sample if they are looking in a mailbox. They are trying to scare you and succeeding.

I can't spend my day telling you the same thing over and over. I see nothing that you need be concerned about in terms of an arrest.

I wish you good luck with your building problems. You need to talk to a landlord tenant lawyer and see how you handle the harassment. But that's all I see here.

Customer: replied 10 months ago.
They took something and rubbed it on there our mail boxes are in the common area where anybody can get to them.
Expert:  Zoey_ JD replied 10 months ago.

Right. That's my point. They have no idea what they are doing.

Have a good day.

Customer: replied 10 months ago.
They took a piece of the little girls clothes and rubbed it on my mailbox what can I do
Customer: replied 10 months ago.
Please reply
Expert:  Zoey_ JD replied 10 months ago.

There is nothing to do until you actually get charged with a crime. That hasn't happened and your neighbors know nothing about collecting an uncontaminated DNA sample.

If you can afford to retain a lawyer, you might want to consult with someone locally and find one that you like, so that you can hire him down the road in an emergency. It might make you feel better to have a local criminal lawyer in your corner in case you need one.

If you can't afford a lawyer, you can walk into the local public defender's office and have them reassure you.

But again, you don't need a criminal lawyer, because your worst case scenario is not likely to ever happen. What you need is to talk to a landlord tenant lawyer to get this harassment to stop.

Customer: replied 10 months ago.
My friend took a video of a school in session and sent it to people is it illegal?
Expert:  Zoey_ JD replied 10 months ago.

That's a question on a whole different subject. Site rules require that new questions must be posted on a brand new question thread and opened to all experts.

Customer: replied 10 months ago.
How do open a brand new thread
Expert:  Zoey_ JD replied 10 months ago.

The same way you started this one at the very beginning.

Customer: replied 10 months ago.
Do I have to pay again
Expert:  Zoey_ JD replied 10 months ago.

Yes, because it's on a new subject.

Customer: replied 10 months ago.
I heard they had the landlord help them get into my apartment when I was out they took a pair pants that I wore and got my period in. Can they use them against me. What can I do
Expert:  Zoey_ JD replied 10 months ago.

I've already told you several times what you can do. That doesn't change no matter what they do. You still haven't been charged. All you can do is to consult with a local lawyer.

Customer: replied 10 months ago.
That's because they just did it today what can I do
Expert:  Zoey_ JD replied 10 months ago.

You can read the answers I have already given you as they cover this situation too.

Customer: replied 10 months ago.
They stole a pair of my pants does Dna count that was taken stolen out of my apartment
Expert:  Zoey_ JD replied 10 months ago.

I have answered this same question several times.

YOU HAVE NOT BEEN CHARGED WITH ANY CRIME.

THE POLICE ARE NOT INTERESTED IN YOU.

THERE IS NO CASE AGAINST YOU.

Until there is ever a case against you, here's all you can do:

1) Hire a local civil lawyer and have him write a cease and desist letter so your neighbors will stop harassing you.

2) Get the name of a criminal lawyer who you can hire if you are ever charged with a crime.