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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26826
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I went to see an escort from backpage massage. When I showed

Customer Question

I went to see an escort from backpage for a massage. When I showed up at the address the gal walked up to my parked car and told me she wanted me to pull in her driveway. Before I could lock the door, she hopped in my car on the passenger side and asked for the donation money upfront. I told her several times that I didnt feel comfortable with that, and then I just said I didnt want to get the massage and asked her to exit my car.
This is when she refused to exit my car. She told me she wanted at least half the money. I continued to tell her to leave my car. She continued to refuse. I told her I was going to call the cops, and she said she was gonna call them too.
I began to dial the cops, then figured I would at least get out and open her door, and command her to exit the vehicle. The minute I got out of the car she locked the doors. I told her to open them and she refused. She was seemingly calling someone. I got 911 on the phone and told them what had happened to this point. They asked if anyone was hurt or any violence was happening. Right about this time the girl unlocks the door. I get in the driver side and ask her to exit. I'm telling the 911 operator that there is no violence , and that she is finally exiting my car.
She exits the car, and I start to drive off. The 911 dispatcher asks me if I need any cars there, and I tell him "no thanks" " she has exited my car".
I start to drive home, and about 10 mins later I get a text from her displaying my license plate. I send back a text telling her " do what you want, I have that all recorded on dash cam". She responded that the police were supposedly there taking a report.
I went to check my dashcam and it didnt happen to catch the incident.
My question is what should I tell the cops if they show up here? If anything. I would like to tell my side of the story because I didn't do anything wrong, but I know talking to cops can sometimes get you into more trouble. I really don't feel like not saying a word, because I feel that I would go to jail? Its kinda her word against mine? I have no idea what she told them I did? She could be trying to scare me?
I have NO criminal record and havent even talked to a cop in years and years.
Please advise
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


My name is ***** ***** I am an experienced criminal lawyer.

This is a he said/she said case and if she really did go to the police and fill out a report, you will be a suspect in a criminal case. And as such, you should never discuss an incident with the police unless you do so with a lawyer.

You need to cease all contact with her, but save any texts and messages you have from her and the video you have. Then find yourself a local criminal lawyer and share everything with him or her. You probably won't need to retain the lawyer yet, because there is likely nothing he or she can do for you right now. But in the event that the escort does go to the police and report you, you would have a lawyer who could protect you from there.

You have a Constitutional right under the 5th Amendment that says you never have to incriminate yourself. That means you have no obligation to cooperate with the police or the prosecution in a case where you are the suspect or a defendant. In fact, you have every reason not to cooperate, since if you give up that right to remain silent and make any admissions or confessions, all of that can be used against you if the case comes to court.

So, yes, she could just be trying to scare you. But if she did file a report and the police do contact you, just tell them that you do not intend to discuss this with anyone except a lawyer. Yes, if you don't talk to them and they think they have enough probable cause to arrest you, they can take them to jail. But if you DO talk to them, they will also take you to jail and they have a much better chance of making the charges against you stick.

Customer: replied 1 year ago.
How long does it generally take for the police to contact me if she did file a report?
Expert:  Zoey_ JD replied 1 year ago.

In Washington State the state would have a year from the incident to file a misdemeanor charge against you and 3 years or more -- depending on the offense -- to file a felony charge. So you won't be officially completely out of the woods for quite some time. However, with something like this, the more time goes on that you do not hear anything the greater the chance that nothing is going to happen.