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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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I sent a question about a criminal case using lawyer plus

Customer Question

i sent a question about a criminal case using lawyer plus and was advertised I would be answered shortly, now i get an email that it may take 24 to 48 hrs?
JA: What state are you in? It matters because laws vary by location.
Customer: ny
JA: Has anything been filed or reported?
Customer: no , not that i know of
JA: Anything else you want the lawyer to know before I connect you?
Customer: hold on let me get the message i sent
Submitted: 4 months ago.
Category: Legal
Customer: replied 4 months ago.
Ok,, was visited by detectives today after they have me on a motion activated video camera they set up because money has been missing from my employer. Meanwhile I am a drug addict and thats my problem. They have money missing from different locations on the property. I work for this family as a handyman and have known them since a child im now 53.Sorry to say we are like family but drugs has me a mess. The only evidence he showed me was myself in the old restaurant. It shows me there with a rag in my hand like im hiding finger prints , because I was, while opening and closing a refrigerator. Then they have me on video walking across the room withWhat looks like the money in hand wrapped in tin foil, which it was. These were the only 2 videos he showed me, meanwhile saying that he has much more telling evidence , that he wouldnt show me.I think thats all he has. I don’t think he has video of me removing the money from its location, but its pretty much damming.I was arrested when I was 18 for burglary, 35 years ago, and the possession of a controlled substance 7 years ago, otherwise no record.They are wanting to hit me with grand larceny and burglary. I didn’t admit but they gave me till tomorrow night to call them with a decision. While questioning me they caught me in a few lies like places and times.The detective told me if the family forgives me and wants to work it out between ourselves he will step aside, which I don’t believe. Its his job to come up with a conclusion for his case.And have the state of ny take over the charges. I took 25k from this location. Other monies have been missing but they have no evidence that it was me unless I fess up to it. Im a single father of a 16yr old son, on aug 31st, my car was ran off the road and Im now in a back brace with compression fractures to the spine. They have me on tape on oct13th. I was working at the location the day before and left the cellar door unlocked. Ive typed up a letter to the family begging for their forgiveness and pledging to goto rehab and to please not put me in jail, I will spend the rest of my life working, paying and making it up to them and was going to give the 15k I have left. Meanwhile its the detective that I plan on giving this letter and the monies to confront the family? He says with the video, and the drawn out process of an investigation and pissing off the DA and judge, I would have a hard time defending myself and also be very costly legal wise. With my record and cooperation I would likely get probation. What should I do? I make to much in disability for I public defender, yet not enough for high paid legal. I would have to ask my 79 yr old mom for help. Im ashamed and embarrassed and have been praying for forgiveness everyday and wanting help with my addiction.
Expert:  Brandon M. replied 4 months ago.

Good evening. I don't know if they already have enough evidence to prove your guilt beyond a reasonable doubt, but talking to the police again would be a mistake except through an attorney. The police officer is trying to build a case against you and anything you say can and truly will be used against you. Don't talk to the police again... the second best response is "I respectfully ***** ***** speak on this matter until I have been afforded an attorney." The best response is nothing -- close the door, walk away, hang up the phone.

​I seriously doubt that there is genuine room for negotiating a better outcome before charges are filed -- if they want to bargain and have the proof of your guilt, the standard operating procedure is to file the charges and then offer a plea bargain -- why not bargain from a position of strength if that's an option? The police are allowed to lie to you, and if you confess, then all it's going to do is give them a confession.

​A criminal defense attorney can contact the police and work out a plea deal in exchange for a confession, which usually means immunity against all charges or against the most serious charges. A criminal defense attorney can also contact the family to discuss what they really want. As is, confessing gives you no guarantees and definitely weakens your case.

Let me know if further clarification is needed, and please feel free to leave a rating once you are finished (it does not cost anything extra to do so and it is the only way I may be credited for my answers.) Thank you!