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I need some advice.

 

Customer Question

I need some advice.

 

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Country relating to Question: United States
State (if USA): New York

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Submitted: 320 days and 20 hours ago.
Category: Legal
Value: $50
Status: CLOSED
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Expert:  NateLawAnswers replied320 days and 20 hours ago.

Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.

I will be happy to help provide some information regarding your situation. Go ahead with your question.

Thanks!
Nate

Customer replied320 days and 20 hours ago.

I am 20 M years old.


A CPS case opened when my sister (15) brought some things unknowingly to light during a consoling session. Involved playing "doctor" years ago(about 6 or 7). A CPS case was opened and she had to meet with some cops and a CPS agent to talk about it. Allegations came up that some of the same behavior had happened in the past 2 years and most recently photos taken of her a month ago on our Trip in Arizona. This is untrue.

So two detectives came to my residence and sat down for a friendly chat. This of course turned out not so friendly as I found out. A slip with Miranda Rights was presented to me and I was told to sign it and that I understood. I had not idea what any of this was about and they insisted it was just a few questions to close out a CPS case. So I signed it. The questioning lasted about an hour, in which I denied the recent allegations from that were less than two years old.

I have low blood pressure, and I also didn't eat or drink, the other detective was psycho analyzing me. Asking why my hands were shaking, saying I was answering with a lot of maybe's and I don't know. Near the end of the questioning I may have accidentally admitted to those accusations in the form of, "Maybe that happened" - "Probably" - "I think, I don't remember". The questing was very intense at this point and I ended up passing out a few times which is confirmed in a report that was filled out when an ambulance was finally called. While I was going in and out of consciousness the detectives continued to blast me with questions. I was under an extreme about of duress, and in pain.

Oop's missed a part, before I passed out they if they could look through by phone. I hesitated and then finally agreed to let him look at it as long as it didn't leave the house, because I had nothing to hide. He agreed.

Right before the ambulance arrived he asked if I was going to hurt myself and I repeatedly said I wasn't. Keep in mind this was while I was board-line unconsious. He felt I was going too and order I go to the hospital. After a 50 minute ride to the hospital, I spent another 15 sleepless hour's locked in the CPEP unit, until I was seen by a doctor and in a three minute meeting determined I was fine.

Before I went into the CPEP unit the Detective took my cell phone from me and said they needed to confiscate it for an investigation. I protested but they said it wasn't my choice.

The other detective came into the CPEP unit and had me sign a paper that he said was just another confirmation of my Miranda Rights. That is what was on the paper so, after everything I had been through I wanted them out of my hair and signed it.

I know believe it must have been a confirmation that they could have my Cell phone as well because I never gave them permission to take it.

As of this moment I am waiting to hear back from them and I am not sure what to do...

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Expert:  NateLawAnswers replied320 days and 20 hours ago.

Until you hear back, there is not much you can do. It would be advisable to at least have an attorney lined up in case they come back with criminal charges. In no circumstance should ever speak to them again without an attorney. The only reason they want to speak to you is to build their case.

If you don't have a lawyer you know, you'd do best contacting one of the New York lawyer referral services listed by the American Bar Association. You can see those here

http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=NY

Please remember to only rate my answer when you are 100% satisfied.  IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have.

I am not paid unless I get a rating of 3 to 5 Stars/Smiley Faces.  If I have helped you with your question, please give me an appropriate rating so that I get credit for helping you.

Thank you,
Nate

Customer replied320 days and 20 hours ago.

Ok, so if they do come back with charges nothing they did would help me out?

i already assumed this answer. So I don't feel it is worth $50. However you did take the time to read an reply, Anyway to send you a lesser amount?

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Expert:  NateLawAnswers replied320 days and 20 hours ago.

The price was chosen when I responded and it did end up being a lengthy question, which is fine. There is nothing I can do about that at this point but I'm certainly more than happy to follow up with you.

Based on what you've described, they have not done anything wrong. Being unfriendly is part of their job. If you signed Miranda waivers your statements are admissible. But, it does not appear you said anything incriminating. That means there is no harm there. As for the phone, you may have signed something like you said. I cannot tell what that means or whether it is going to mean anything. It's fairly standard that items are confiscated as part of an investigation, though. Once the investigation is concluded, however long that takes, you'll get it back.

In the meantime, in these situations, the only thing to do is hurry up and wait, and be ready if they come back with criminal charges by having a lawyer on call.

Customer replied320 days and 19 hours ago.

Ok thank you for your time. If they do come back with charges, what can I expect, as the crime, and what would the sentence be.

A follow up with you after they contact me would be awesome, How would I do that and how much would it cost.

Accepted Answer

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Expert:  NateLawAnswers replied320 days and 19 hours ago.

It depends on what is alleged, whether it's just inappropriate touching (sexual batter) or something more severe, like rape. There's no way to know that right now and they have no legal obligation to give you a head's up on it.

Feel free to bookmark my specific question site, which is www.nateanswers.com. I'll be happy to follow up. You choose the price of the question on how much you need to know at the time.

In the meantime, please be sure to leave a positive rating for my assistance today.

Thanks!
Nate

Expert TypeAttorney
Category: Legal
Pos. Feedback: 96.4 %
Accepts: 5885
Answered: 6/30/2012

Experience: Over 8 years of legal practice.

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