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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27713
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If you damage someones tire and than pay for them to be

Customer Question

If you damage someones tire and than pay for them to be replaced can you be arrested ?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: FL
JA: Have you talked to a lawyer yet?
Customer: no- this happen 1 month ago and the police called me on the phone and asked me to come in to discuss.
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes, the police said I was not under arrest but read me my rights on the phone. I was walking into an interview and his ask me to come by
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 months ago.

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Expert:  Zoey_ JD replied 2 months ago.

Yes, you can still be arrested even after a month and even after you've paid restitution to the owner of the vehicle. The fact that you've made the complainant financially whole does not mean that the act was legal in the first place. You can still be charged and, in fact, convicted, which is why you want to steer clear of the police.

The most basic premise in all of criminal law is that if you think you may be the suspect of a crime, you should never talk to the police without a lawyer. You have the right to remain silent, and if you give up that right, anything you say to the police, even what you think may be helpful, can be twisted and used against you.

You are under no obligation to talk to the police. Failing to talk to him can NEVER be used against you. That's your right under the Fifth Amendment to the Constitution. What can you possibly say to them that can help you? Absolutely nothing in this set of circumstances. A confession won't do anything good for either you or your case.

If the police already have enough evidence to charge you, they will without your coming in to talk to them, but at least you won't have made any kind of a record which can hurt yourself when the case comes to court. If you talk to them, on the other hand, they would generally try to intimidate you into a confession.

Get a local lawyer and see if he or she wants to go with you to talk to the detective. I'm sure that the lawyer will say no. Let the lawyer do the talking to the police. Once the police know there's a lawyer on the case, he won't bother you anymore. They will either charge you or not, and in the former instance, your lawyer will take matters over from there

Expert:  Zoey_ JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.