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Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 584
Experience:  Attorney at Law Offices of Khaled Issa
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My girlfriend says I pushed her. Do I need a lawyer?

Customer Question

I had an "incident", as I call it with my so called "girlfriend", at the time, about a month ago! She said I pushed her, which I did not, against her closet! But we both know she slipped on the floor and caused some kind of bruise on her lower back! She went back & forth about pressing charges. Now she wants to do this, and says I have caused serious damage to her lower back, even though I know she is on some kind of medications & gets kind of "woozy" sometimes! I have absolutely NO criminal record at all & never been in trouble with the law! Also she is doing physical therapy for her back & legs anyway! I have to go down & talk to the local authorities so they can get my story on what happened! Would I need a lawyer present for this & can they detain me overnight for such an incident?
This is in Kansas! I'm not sure if charges have been filed but the local authorities want my side of the story anyway!
I have not talked to a lawyer yet, but was just wondering if needed to take 1 with me or not!
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 9 months ago.
Good morning:
When it comes to speaking to law enforcement in regard to a crime (or possible crime), generally the most important question to determine is if the individual police want to speak to is a suspect or not. If the individual is a suspect, it is generally always more prudent to
a) speak to the person's attorney first and
b) if the individual does choose to speak to law enforcement, make sure that the individual's attorney is present during questioning.
The reason for this is that police generally want to know if a "crime" has occurred. Once they determine that (which is usually done by simply speaking to the "victim"), the police go into evidence collection mode and try to obtain as much evidence against the alleged suspect as possible. The surest and most simple way to do this would be to speak to the suspect directly. This is because whatever a suspect says to law enforcement can be used against the person later on in a criminal proceeding.
Police generally like to ease a suspect's concern by stating they want "their side" or version of the events and that is it. However, once questioning begins and the police know (or already knew) that the suspect is most likely the individual who committed the offense, they then try to obtain said incriminating evidence. This is where an attorney comes in handy. An attorney is experienced in police tactics and know the elements of the offense for which charges are probable (meaning the attorney can interject when police ask a question that could nail the case against the suspect).
Questions based on this?