Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I let my fiance take my car to work one evening due to very…

Customer Question
I let my fiance take...
I let my fiance take my car to work one evening due to very bad weather and i did not want to take my 3,2 and 3 week baby out in a blizzard... he does not have his license due to not being able to pay the fine after a drunk driving charge, on his way home he put the car in a snow bank got a ride home and asked me to call a tow truck, a few minutes later a sheriff called and asked me what was happening with the van.. i told him it was being towed in about a 1/2 hour he asked me if i was driving i said yes, due to being scared of him not having license... he came to the house... my ffiance went straigh to bath when got home and when offficer arrived i said i was driving to get formula ( which my fiance picked up after work) and he asked me if there was a man in the car i said no... he asked to speak to my fiance, he came out of bathroom and officer asked him if he had been drinking he said YES, i was shocked and upset it looked like i was covering up for him, he is in jail, after 23 month of sobriety he lied to me about going to work, and was apparently out drinking, none of which i knew about. Now they are trying to plead with him to not press charges against me if he pleads guilty to all charges. How do i not make him take it to protect me when i did not think i was lying about a drunk driving... i have never in my life done anything illegal, i am scared please help me with some advice. thank you
Submitted: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 29 minutes by:
1/24/2016
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago
Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 600
Experience: Attorney at Law Offices of Khaled Issa
Verified

Good evening:

My name is ***** ***** I would be happy to provide general information regarding your question. First, I am sorry to hear of the situation you are currently in.

Just to clarify, do you know the exact charges that may be filed against you if your fiancee does not accept the offer proposed to him?

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
No, for what he told me they said they would not bring charges and prosecute me if he pleads guilty.
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Ok, thank you for that information. Please allow me a few minutes to discuss thoroughly the issue as it relates to your example.

Ask Your Own Criminal Law Question
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Most likely, if lying to police or obstructing an investigation, the offense charged would a variation of making a false statement to law enforcement under 750.749c. This law states:

Sec. 479c.

(1) Except as provided in this section, a person who is informed by a peace officer that he or she is conducting a criminal investigation shall not do any of the following:

(a) By any trick, scheme, or device, knowingly and willfully conceal from the peace officer any material fact relating to the criminal investigation.

(b) Knowingly and willfully make any statement to the peace officer that the person knows is false or misleading regarding a material fact in that criminal investigation.

(c) Knowingly and willfully issue or otherwise provide any writing or document to the peace officer that the person knows is false or misleading regarding a material fact in that criminal investigation.

As you can see, I have underlined the portion that would most likely be applicable to you. Simply making a statement that turns out to be false is NOT a crime. The statement must knowingly and willfully be false. That means the person who gave information to police must know that the statement is a lie. If the person did not know the statement was a lie, they cannot be convicted of the crime. The state must show, beyond a reasonable doubt, that the statement was made knowing it was a lie. Without any direct evidence of that, it would be hard for them to sustain a charge against you at trial.

So, while there is nothing you can do to "force" someone to accept a plea agreement, if you were charged with providing a false statement to law enforcement, the state would have to show that you knew it was a lie. Without proof that you knew it was a lie, it would be difficult for them to convict you.

Any questions based on what I have provided thus far?

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
since i did not know he was under the influence, I would not be making a false statement about the criminal charge, and i can prove that. Could they charge me with anything else and also if he does not take the plea how long do they have to charge me with something... they have never said anything to me about the case?
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

The offense is a misdemeanor, therefore charges can be filed anytime within 6 years from when the alleged incident occurred.

It seems as if law enforcement or the prosecutors are trying to pressure him to take the deal by threatening filing charges against you. Again, because the state would have to bear the burden of proof in showing that you knowingly and willfully made a false statement, it would be hard for them to win. But, by threatening you, they will try to get your fiancee to plead guilty.

Now, things may change if you have given other statements to police where you acknowledge the falsehood of the answers you provided (i.e., that you admitted to police that you lied). If that is the case, that later admission can be used as evidence against you to prove that you did know the initial statement you made to police was a lie.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
i never admitted to lying, but the officer asked my fiancee why there was two different stories he said she was trying to protect me since i was driving without a license. i never said a word after that, he took him outside to perform all of the tests. but it is all written down in police report which i have not seen, so i am not sure what he stated.
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

The statements your fiancee made does provide circumstantial evidence against you in a criminal proceeding. However, it is your state of mind that matters more (i.e., that you knew you were lying, not that your fiancee said you were lying).

The prosecutors could, if they want, force him to testify about the statements he made to police regarding the two different stories. So, while it is evidence against you, it is not the strongest evidence against you. Essentially, his testimony would mean that he thought you were lying. However, the state must prove that you knew you were lying.

Ask Your Own Criminal Law Question
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Just a reminder, if you have no follow up questions. Please remember to click ACCEPT and RATE my assistance if I have sufficiently assisted you as that is the only way I can be credited for helping. Your cooperation in this regard would be greatly appreciated. Thanks!

Ask Your Own Criminal Law Question
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Please remember to click ACCEPT if I have sufficiently assisted you. Thank you.

Ask Your Own Criminal Law Question
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Good evening:

It has been a few days. If you have no other questions, please remember to click ACCEPT as the experts can be credited for taking the time to assist an individual. Thank you.

Ask Your Own Criminal Law Question
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Please remember to click ACCEPT if you have no other questions. Your cooperation in this regard would be greatly appreciated.

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask Legal-Kal Your Own Question
Legal-Kal
Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 600
600 Satisfied Customers
Experience: Attorney at Law Offices of Khaled Issa

Legal-Kal is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I have a pre trial confrence coming up for misdemeanor
Hey. I have a pre trial confrence coming up for misdemeanor charges that are over a year and have some questions. This is my first offense in my life … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
A criminal trial has ended. All post trial methods of relief
A criminal trial has ended. All post trial methods of relief have bee exhausted, coram nobis, habeas corpus etc.What might be the most effective way to bring a collateral action to declare an indictme… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A police report was filed when my security company contacted
A police report was filed when my security company contacted police for attempted break in to my home. I did not notice the damage to my garage door for several days and was told that I cannot add to … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
If my family reported a false police report, not knowing it
If my family reported a false police report, not knowing it was false, and if I was the victim in the report, but I went along with the lies because I felt like I had no choice, but later tell the tru… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
If you made a police report and have an open criminal
if you made a police report and have an open criminal case,(not active though) on a sexual assault can you post on social media that this person is a Alleged Sexual Assault Predator? … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
451 satisfied customers
What does a person do when the police report is not given to
What does a person do when the police report is not given to them? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,848 satisfied customers
I filed a police report in Florida stating that I was
I filed a police report in Florida stating that I was accausted and held at gun point by for men on the side of the road. Then men took my shoes and clothing, keys and phone and then left the scene. I… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
It has been a year criminal investigation. California
It has been a year criminal investigation JA: Have any charges been filed? If so, when is the next court date? Customer: No JA: In what state did this occur? Customer: California JA: Anything else you… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
In a criminal harassment trial (MA 265; 43A), can the
In a criminal harassment trial (MA 265; 43A), can the defense ask the judge to llicit from the jury what their specific findings were? Conviction requires the finding of 3 separate qualifying incident… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
If a police report was made for abuse but left and was not
If a police report was made for abuse but left and was not arrested what are the next steps? Will I be in trouble? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I have questions on criminal trial procedures on charges of
I have questions on criminal trial procedures on charges of sexual battery and assault. Will these questions appear online? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
1.i ha.ve 3 misdemeanor charges(criminal threat,vandalism)
Second opinion] 1.i ha.ve 3 misdemeanor charges(criminal threat,vandalism) in my residence 2.however, los angeles county public defenders(felony and misdemeanor) have developed Conflict of Interest 3.… read more
Jonathan Holson
Jonathan Holson
JD
91 satisfied customers
I have a criminal case pending, Class A Misdemeanor,
I have a criminal case pending, Class A Misdemeanor, Criminal Trespass, and I filed a Pre-Trial Writ of Habeas Corpus and a Motion to Dismiss for lack of subject matter and personal jurisdiction, whic… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
227 satisfied customers
My nephew signed plea agreement. The home owner said he paid
my nephew signed plea agreement. The home owner said he paid a 2500.00 deductible for his apt broken into and the court agreement says 3500.00 reimbursement for this nefews friend missed wages for com… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it possible to enter a plea agreement for a fed crim case
Is it possible to enter a plea agreement for a fed crim case with white collared crime offenses if the defendant has a qui tam complaint (or case) against individuals (one with a pending indictment fo… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
227 satisfied customers
Will a police report be effected, Alabama, No, That's all
Hi JA: Hello. How can I help? Customer: Will a police report be effected JA: Since laws vary from place to place, what state is this in? And when did this happen? Customer: Alabama JA: Have you talked… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
In Massachusetts. A police report filed for Criminal
In Massachusetts. A police report filed for Criminal Harassment (c265, s43A) contained firearms license status, and "he purchased 20 guns in the year leading up to this dispute." No malice, no threats… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
227 satisfied customers
Criminal felony case in Indiana. Initial investigation
Criminal felony case in Indiana. Initial investigation started 3/2011, arrest and charges filed 6/2014, here it is 11/2017 and matter set for trial 1/2018. Were there violations of a speedy trial or s… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x