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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23526
Experience:  Active member of the NYS bar since 1989
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, Yesterday, I saw a girl that I used to be friends

Customer Question

Hello
JA: Thanks. Can you give me any more details about your issue?
Customer: Yesterday, I saw a girl that I used to be friends with at a pool party. She saw me too and there was no actual contact in person. Later, I became very very emotional about seeing her because she ruined my relationship so I sent her multiple death threats. (I was under the influence of alcohol, I would not have done this in my right mind) Yesterday, police were knocking on my dorm door looking for me. I spoke to an officer yesterday and he is coming to my room at 9pm to "ask me a few questions". What is going to happen to me?
JA: OK got it. Last thing — Lawyers generally expect a deposit of about $36 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 10 months ago.
Category: Legal
Customer: replied 10 months ago.
What should I tell the officer when he comes? Should I not speak until I have a lawyer? Would it hurt me to tell him that I was under the influence?
Expert:  Zoey, JD replied 10 months ago.

Hello,

The only thing you should tell this officer is that you have nothing to say to him until you have been able to speak to a lawyer. Say anything else, and you'll have confessed to a criminal offense and it will be used against you to charge you and perhaps to convict you. It will also tie your lawyer's hands when it comes to negotiating a plea or trying the case if you can't get a decent plea offer.

Anything you say to anyone other than your lawyer about this has the potential to hurt you. Being drunk is something that can be used in mitigation, but it's not going to be good enough to make this whole thing go away.

Just tell the police you don't wish to answer any questions and that you'll have your lawyer contact them once you get one.

Customer: replied 10 months ago.
Will they trick me into thinking that "they are just going to ask me some questions" and will I get arrested? Since the police are already involved, is there a chance of this case being dropped? So when the officer comes, what should I ask? "Am I being charged with anything?" and if he responds yes, then I should tell him that I cannot speak with him until I speak to a lawyer? I am very confused and nervous about how to approach this situation.
Customer: replied 10 months ago.
Also, is there a way to make my post hidden?
Expert:  Zoey, JD replied 10 months ago.

You should not talk to the police whether he tells you that you're charged with anything or not.

The only way you can hide this post is after our conversation is over. Then it can be locked for privacy and removed from the web.

We can communicate via email if you'd rather, and that would allow you to discuss it more freely. But that's a premium service requiring an additional fee, while posting it here on the web is at no additional cost to you.

I will send you the information about emailing. If you're interested, you can accept the offer. If you don't want it, you can just let me know in a reply here, and I'll respond to your question about trickery on this question thread.

Customer: replied 10 months ago.
You can just reply here and I will hide the post once we are done!
Expert:  Zoey, JD replied 10 months ago.

Okay.

Maybe the police already have what they need to arrest you and maybe they don't. If they don't have what they need to arrest you already, then the reason that they are trying to talk to you is to get you to give them the information they need to arrest you. Police are allowed to use trickery and deceptive and coercive means to get to the bottom of a crime. If you talk to them and tell them what happened, you will wind up charged with a crime.

If they DO already have enough evidence to arrest you, then the information that you give them will help the state to convict you. There is NO up side to talking to the police under your set of circumstances.

You have a Constitutional right to remain silent and not give evidence against yourself to the other side. As soon as you do, you hurt your case. The only way you should talk to them about this incident is with a lawyer, assuming a lawyer thinks you can help yourself at all by talking.

So what you ought to do is to call the police and leave a message breaking the appointment and tell them that you will contact them again after you've reached your attorney.

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