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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118765
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Please respond: My friend (PD) who (25 years old female) came

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Please respond: My friend (PD) who (25 years old female) came from India on a visit visa to attend her best friend's (SB) wedding engagement in NJ at her friend's sister's place. After one month, she came to know that from SB that her sister's jewelry was lost. They launched a formal police complaint. But SB and her sisters family stopped PD from going home (India). They said there will be lie detection test PD has to take it and if it comes positive you will have 15 years of imprisonment. This poor PD has rescheduled her travel and staying in SB's apartment in horrible condition. PD's parents met SB's parents and tried to discuss everything but SB's parents did not give any information, furthermore, they emotionally threatened PD's parents. PD's parents approached me and I booked a flight ticket to my place and she is with us now. SB and her sister’s family emotionally threatening PD to come and give lie detector test (LDT) that they booked for her by hiring a private detective. Now they are saying that we need your LDT to claim insurance. This poor girl is so afraid and doesn’t know what to do. They are sending messages and gently threatening and saying that if you go back to India, they will file a case in India and trouble her. Since PD is from a respectable family, she is worried and under severe mental trauma. Please advice and help this girl.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

They are accusing her of a crime. She has an absolute right not to make any statements at all about this matter and she has an absolute right to not take the LDT. They cannot hold her in the US against her will, that is considered kidnapping and she can file a complaint with the police as well. If they think they have evidence against her, then they need to present that evidence to the police, since they need to prove beyond a reasonable doubt she took the missing jewelry and it is highly unlikely they can or they would have had her arrested already.

You need to immediately get your friend a criminal defense attorney to represent her and to not only put an end to the madness these people are putting her through, but to get her away from these people and back home where she wants to go. They cannot do anything to her in India and if they try to sue her without proof she took anything, she can countersue them for harassment and even defamation for accusing her of a criminal act when there was no actual evidence.

She needs to refuse to take any test until she gets an attorney and then let the attorney deal with it to protect her rights and end their threats and coercion making her stay in the US against her will which is illegal.

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Customer: replied 4 years ago.

I just need to know one thing. If she want can shego home at her will? or do you recommend to seek defence attorney's help before she leave?

Thanks a lot for your information. I am very satisfied.




Thank you for your follow up question.

Yes, she can go home at will. She is not under arrest and they have no legal right to keep her here. If they are refusing to let her leave (outside of scaring her) then she does indeed need to contact an attorney who will assist her in leaving and also in pursuing kidnapping charges against them.