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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16348
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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A person was asked to come down to the police department,

Customer Question

a person was asked to come down to the police department, and to bring her 2 children. This maybe a complaint her ex husband reported injury to daughter. picture was taken of the injury. daughter told police that she feel and her "Mommy helped me". It's unknown that this is the reason the police is asking Mother to come down. She has nothing to hide. The ex has made several complaints but CPS has noted that the complaints are unfounded.
So the Mother is asked to come down at 9am what should she do
Submitted: 1 year ago.
Category: Family Law
Expert:  Legalease replied 1 year ago.

Hello there --

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My suggestion is that she contact several lawyers in the morning and try to find one who will speak with the police to determine what this is all about and whether or not it is in the mother's best interests to speak through an attorney on these matters. While she may have nothing to hide, I have seen too many cases where the police will twist the words of a person and turn them into a suspect and then they are charged with a crime quicker than they even know. They may try to corner mother and start trying to get her to confess to abusing her children and they will make her feel like she cannot leave (when she can leave unless she is charged with a crime) and then they work on the person until the person might slip and say something incriminating when what happened was probably perfectly innocent.

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Mother has every right to call the police and tell them that she would feel more comfortable speaking with a lawyer before she comes to the police station and that she intends to contact a lawyer immediately and will get back to them in a few days on these matters and to set up an interview. If she is able to hire a lawyer, the lawyer will most likely call the police first and find out exactly what these matters are about so he can advise mother on what steps to take from there (most lawyers will tell you that it is unwise to speak with the police without a lawyer present and that is how I suspect this will end up).

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Other than hiring a lawyer, if mother wants to go there, that is her choice, but I strongly suggest that if things start to get accusatory and they are trying to get her to make statements against her own interest to incriminate herself, then she should immediately state that she wants a lawyer and the interview ENDS until she speaks to a lawyer. She needs to be firm and clear in her request for a lawyer once she is in the station because if she says something like "I think I need a lawyer" that is NOT strong enough and the US Supreme Court has ruled that the police can just ignore such a statement and keep questioning the person.

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I hope that helps. There is no magic bullet that you can use in this situation and it must be approached carefully and thoroughly. Please let me know if I can answer any further questions. If not, can you please press a positive rating above so I will be paid for my time. I am paid nothing unless you press a positive rating above before leaving the website. Doing so will not cost you any additional money. It is just a trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH

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MARY