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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1628
Experience:  Experienced and knowledgeable criminal defense attorney.
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Call from a Detective

Customer Question

I recieved a call from a detective,today telling me that they have obtained a search warrant on my cell phone, and it shows a call was made to some City council home and that I told profanity to him .and some other things..and the detective is investigating it, and wants to meet with me in a few days, not today...

Submitted: 3 years ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 3 years ago.
Thank you for the opportunity to assist you.

It sounds like the city council person looked at the incoming number and gave it to the police. The police then probably ascertained the carrier (or wireless service provider) and got a search warrant to look through the wireless provider's records.

I hope you didn't say anything to the detective when you and he talked. These phone records might make you look suspicious, but they certainly don't prove you made a harassing phone call. All this record MIGHT prove in court is that the cell phone number which is registered to you appears to have made a call to the council member on such and such a date and time. It does not prove WHO made the phone call, nor does it prove what was said in the call.

If the detective calls back, or asks you to provide any information, or wants to speak with you, ABSOLUTELY do not talk to him. Just tell him politely that you have nothing to say.

If you have an attorney, refer the detective to your attorney. If you do not have an attorney, I would seek out legal advice from a competent criminal defense attorney in your area. If you do not know an attorney in your area, try the California State Bar attorney referral service. They can point you in the right direction.

At any rate, it is imperative for your own sake that you remain silent. You would be STUNNED at the number of crimes that would remain unsolved or that could otherwise not be prosecuted without some sort of damaging or inculpatory statement from a person accused of the crime. Don't help the police or the prosecutor to convict you! Stay silent, and observe your 5th amendment rights!

I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. Otherwise, please rate my answer positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.

Take care,
Shuband
S. Huband, Esq. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
1. I did talk to the Detective bby phone, and I said that it is my phone number but I did not call,, she asked me if I gave my cell phone to someone and I said no.
2.She wants to meet with me in a few days, should I? I do not have any money for an attorney
Expert:  S. Huband, Esq. replied 3 years ago.
Thanks for the update.

Q) I did talk to the Detective by phone, and I said that it is my phone number but I did not call. She asked me if I gave my cell phone to someone and I said no.

What's done is done. We can't go back in time. If you get prosecuted for this crime, the detective will use this statement against you.

The detective will say you admitted that's your number, and that you did not allow anyone else to use the phone. By process of elimination, the prosecutor will suggest that you're the person who made the call.

Q) She wants to meet with me in a few days, should I?

Absolutely not. The only thing this could accomplish is for her to gather additional evidence against you.

Making harassing phone calls is a misdemeanor in California, punishable by up to 6 months in jail and up to $1,000.00 fine. Since the charge carries possible jail time if convicted, you are entitled to a court appointed attorney if you cannot afford an attorney and you qualify financially.

If you have follow-up questions or concerns on this topic, please ask. Otherwise, please rate my answer positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.

Take care,
Shuband
Expert:  S. Huband, Esq. replied 3 years ago.
Hello again,

I was notified that you rated the answer I gave positively, and I am very pleased and gratified that I was able to help you. I sincerely hope the matter(s) we discussed turn out well for you.

Please ask for me in the future if you have additional questions or concerns. Thank you very much for the opportunity to assist you.

Take care,
Shuband