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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100553
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I went to a music festival last night. Met a girl there and

Customer Question

Hi,
I went to a music festival last night. Met a girl there and we talked, then went to a bar.After one drink each, I invited her to come to my place to hang out. she mentioned that let's take things slowly. so we started drinking and talking more around 2 hrs.
overall, I had 3 cocktails and she had 2 hard ciders. then she mentioned that we should leave. I told her we are going to my place. Before entering my car she was flirting like I wanna go to my place. But she came with me.
We were pulled over by cops on the way because my car head-light was off. They took our license and came back after a while. We were in car, then they came back and asked her few questions. *She told that this man(me) is taking advantage of her. I was surprised, dumbfounded and no idea why she said that. Cops told her to get out of the car.
Then cops did DUI testing on me. I passed all. Also The breathe test shows alcohol content was 0.054%.
Then they started asking me questions. I told them all the truth. They told me that she said she wanted to go home in the middle of driving. I told them that she was just flirting with a different tone of voice and she came with me. Then cops argued a little bit with me, but I told them it was her choice to come with me to my place and she is playing with words.
The cops warned me not to drink and drive, also if some girl tell to take her home, then take her home. They let me leave the stop with any ticket, but took my contact and told me that they will consult an attorney and might call me.
How do you see the whole situation? Is there any crime related to this girl issue?
Submitted: 7 months ago.
Category: Legal
Expert:  Ely replied 7 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. What essentially happened is that the police felt like they stopped a possible rape case where the woman was either too intoxicated to give consent, or was too scared not to.

The point is that nothing did happen. But the police will run this information by the prosecutor. Technically - and I mean unlikely - the prosecutor can attempt to charge someone in your situation with attempted rape or unlawful restraint (if they feel you brought her into the vehicle against her will), but that is ONLY if the woman sticks to her story and only if the prosecutor feels like they have a shot at a case.

What would happen now is that the prosecutor will review the file and the reports from the officers and make a decision as to whether or not to charge. Charges do seem unlikely assuming your fact scenario is true.

IF for some reason the police does call you to the station to give you version of events, using counsel is best. This is because the attorney can limit/suspend the conversation as needed and object to some questions. Anything you say can be used against you, of course. A voluntary interview can be had but only if the attorney feels that the need to give one's version of the events outweighs the dangers of the police twisting your words later.

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Customer: replied 7 months ago.
How long it takes to get any response from prosecutor? How will I hear about it? If I don't get a response with certain numbers of days, can I assume that all is ok, also what would that duration?
The incident happened in state of Vermont.Again, I have no police record in past. No criminal activity. I am immigrant here working on a visa.
I am telling you the truth to the best of my knowledge.
Expert:  Ely replied 7 months ago.
Here is how this works:
1) a police investigation is opened.
2) the police investigate by questioning all parties involved and reviewing the evidence;
3) they pass on the information to the District Attorney;
4) the D.A. makes a decision whether to charge or not.
The prosecutor or the police may simply CLOSE the file. They may not even investigate further. So this may have been just to SCARE you. It is hard to gauge how serious the police officers were.
While the prosecutor has up to statute of limitations limit to file charges, typically, if you do not hear anything within the next 3 months, I would say that it has blown over. This is a GENERAL estimate so please do not count down 3 months on a calendar.
You can get an attorney to "check in" with the police now and every few weeks to seek what is going on (if anything).
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 7 months ago.
Is there any DUI charges involved? Cops did some physical test. The breathe test result comes out to be 0.054% BCA. they didn't give me a ticket, neither any arrest.
Expert:  Ely replied 7 months ago.
My apologies for the wait. I am currently away from the site, so I may take a bit to answer.
If you passed all the tests (including the breathalyzer), then no DUI charges should be forthcoming. The matter has to do more with her claims that you were "coercive" in getting her into the vehicle/where to go.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 7 months ago.
34;You can get an attorney to "check in" with the police now and every few weeks to seek what is going on (if anything)."
Any idea how much that cost?
Customer: replied 7 months ago.
also any suggestions how to find a good attorney in burlington, vermont
Customer: replied 7 months ago.
Also Is it advisable to use a lawyer so early since I was not arrested nor given a ticket and the cops just let me go with some warning words.
Expert:  Ely replied 7 months ago.
My apologies for the wait.
"You can get an attorney to "check in" with the police now and every few weeks to seek what is going on (if anything)."
Any idea how much that cost?

Probably a few hundred (this is without actually retaining an attorney but paying them hourly).
also any suggestions how to find a good attorney in burlington, vermont
May I recommend the Vermont Bar referral program - 1-***-***-****. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
Also Is it advisable to use a lawyer so early since I was not arrested nor given a ticket and the cops just let me go with some warning words.
If you wish to contact the police to "check" on the matter, then yes. However if you simply wish to wait and do nothing, then there is no need to contact an attorney unless the authorities contact you first asking for a statement.
However some may people wish to retain an attorney NOW simply for peace of mind. It all depends on how worried you are and your financial standing, as well as likelihood of the authorities actually doing anything. You did say, "but took my contact and told me that they will consult an attorney and might call me."
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.