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Texas. Sort of confused

Customer Question
Quick question Lawyer's Assistant:...

Quick question

Lawyer's Assistant: In what state did this occur?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Sort of confused

Submitted: 7 months ago.Category: Criminal Law
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Answered in 2 minutes by:
10/1/2017
Criminal Lawyer: Richard, Attorney replied 7 months ago
Richard
Richard, Attorney
Category: Criminal Law
Satisfied Customers: 56,734
Experience: Attorney with 29 years of experience.
Verified

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Criminal Lawyer: Richard, Attorney replied 7 months ago

Good morning. What's your question? Thanks.

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Customer reply replied 7 months ago
Thank you, ***** ***** accused back in June of a sexual assault with a minor. However allegations are extremely false. Police have been trying to still contact my lawyer to get "my side of the story". We refused to give a statement and they are very persistent.Police don't not want to give me any info about the allegations whatsoeverChild advocacy center has been notified but there hasn't been an arrest of any sort.
My lawyer contacted me on Friday and suggest I should give a polygraph.
I read up on it all weekend and it does not seem like it will help me in any way.What do i do??
Criminal Lawyer: Richard, Attorney replied 7 months ago

Thanks for responding. I apologize. This is outside my specific areas of expertise. Therefore, I am going to opt out to open your question up to all experts so another expert can hopefully timely provide you the information you seek. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.

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Customer reply replied 7 months ago
No one contacted me yet
Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 124,331
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR, as your previous contributor had to leave.

The police cannot and will not disclose information about the active case in which you are considered a suspect. You and your attorney have done the right thing in refusing to make statements though, as you have a right to remain silent and you should exercise it.

As far as polygraph, they are generally inadmissible in court, but can be used as an "investigatory purposes" meaning to confirm or refute whether or not the incident occurred. I would not submit to a polygraph done by the police, as that opens them up to question you, but your attorney could arrange for one simply to ask if you did or did not commit the offense as alleged and use that to try to sway the investigation, but again, courts do not recognize these as evidence. The attorney is likely suggesting this to you trying to speed a conclusion to the investigation to get them to close it. However, your only other alternative is sitting and waiting for them to conclude the investigation and continue to refuse to make any statements in the matter.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 7 months ago
How long can the investigation and prosecutor keep it open? How come arrest hasn't been made?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

An investigation can be kept open for a year or more, as long as the statute of limitations of at least 5 years has not expired. Arrest has not been made because likely the investigators are referring all of their evidence to the prosecutor to evaluate everything which can take some time.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
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