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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23170
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My ex girlfriend stopped talking to me suddenly and I heard

Customer Question

My ex girlfriend stopped talking to me suddenly and I heard that she is accusing me of sexual assault (which is not true). I heard that she went to the police. Yet I have not been contacted at all and it has been a month.Is there a way to find out the truth? Is there a way to get her to talk to melike with a subpoena? Can I sue for defamation?It is in Maryland.
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 months ago.


If you've not been contacted, I suggest that given the serious nature of the charge, she has not really gone to the police. Or if she has, they did not believe her. The police do not wait a month to round up a violent felony offender.

The only one who will know for sure if the crime was reported is the police, and it would be very unwise for you to call them and ask. No news is good news.

Just leave your ex alone. Have nothing to do with her. Don't talk about her or send messages to her through others. I don't know why she stopped talking to you, but she clearly doesn't want you bothering her. I am guessing she has not yet gone to the police, but if you bug her, when she doesn't want your attention, that's a good way to get her to go to the police, if not for a sexual assault than for harassment.

You don't have a civil suit because 1) so far you don't even know for sure that she's done anything and 2) even if she did falsely accuse you, you have sustained no damages.

Customer: replied 3 months ago.
I kinda feel like I'm not in the know. The uncertainty is killing me. I am also out of the country at the moment. Would that have anything to do with the fact the police has not contacted me? How would the police contact me, would it be by phone for questioning or would I just get arrested?Is their a way to know for sure?Can I have her subpoenaed to have her tell me what is going on?
Expert:  Zoey_ JD replied 3 months ago.

A subpoena is a court order. It must be signed by a judge. You cannot get one unless you are in litigation and the information is relevant and necessary for your case. So no, you cannot get a subpoena.

The police would try to reach you by phone or they would come to your house. If they were looking for you, your neighbors would likely know.

The pre-arrest investigations of the police department are not a matter of public records. There is no way to know for sure without calling the police which would be a very foolish thing to do.

Customer: replied 3 months ago.
Why would it be foolish to call the police?I thought that a subpeona could be issued by a lawyer in the discovery phase of litigation.So what can I do to figure out the truth?
Expert:  Zoey_ JD replied 3 months ago.

It would be foolish to call the police because when you are the potential suspect of a crime, the last people on earth you should be talking to is the police. Anything you say to them, even what you think can help you, can be used against you. If they are looking for you, they are not your friends and nothing you say to them will help you.

If they are not looking for you, why give them any ideas to make them suspect you?

You're not in litigation. You don't have a lawyer. You cannot subpoena anyone at this time.

You will be the first to know if the police are really looking for you. I know you'd like a definite answer, but there's none to get. You can call a lawyer back in the States and retain himto find out what he can, but police investigtions are not a public record and nobody has to tell him anything.

Customer: replied 3 months ago.
Uhm ... Ok.But if I get a lawyer, can they get a subpeona without the court?If she did go to the police, is her statement a record I can get if she actually mentionned me?Would the police try to contact me if I'm overseas? Or would they get the local police to arrest me?
Expert:  Zoey_ JD replied 3 months ago.

No. The lawyer cannot subpoena anyone without a court.

If she goes to the police and you are charged with a crime, your lawyer would be able to get a copy of the police report as part of the discovery process. If the police aren't ever going to prosecute, you may be able to get a copy of the report.

Foreign police have no jurisdiction to arrest you overseas. I doubt they will try to contact you overseas either. But nobody's going to arrest you while you're abroad.

Customer: replied 3 months ago.
I am actually just in Canada? Is there not a reciprocal extradition between the US and Canada.?If something does happen, will I be questioned first or just arrested?
Expert:  Zoey_ JD replied 3 months ago.

The US has an extradition treaty with Canada, as they do with most countries, but extradition is expensive. The fact that the US can extradite you doesn't mean that they will. It's highly unlikely.

Without knowing what she may have told the police, I can't tell you whether they will try to question you first or just arrest you. Generally if they thought they had a strong case, they would just arrest you.

I know you're potentially nervous about this, but any further answers about what would happen and how would just be pure guesswork. You won't have to worry about an arrest in Canada.

If you're worried about being arrested when you come back into the country, contact a US lawyer in your state before you return and let him see if he can find out anything from the authorities. Do NOT talk to the police yourself without a lawyer.

Best of luck.

Expert:  Zoey_ JD replied 3 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 3 months ago.
Uhm ... I just feel like I have no idea what is going on and it makes me nervous. I can't stay in Canada forever. Is there anything I can do?
Expert:  Zoey_ JD replied 3 months ago.

Nothing that I haven't already told you. Check with your neighbors to see if the authorities have been hanging around looking for you at home. Have someone check your mail. If you can't do that retain a lawyer and let him look into this for you.

Customer: replied 3 months ago.
How much would hiring a lawyer for this cost?
Expert:  Zoey_ JD replied 3 months ago.

Lawyers charge based on how long they think they will need to resolve a client's problem. Since this does not involve court appearances or significant time, it should be reasonable. You can contact the Maryland State Bar Association' Lawyer Referral Service and they can give you a good ballpark estimate for your state and jurisdiction.