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I had a girl last night come over to my house and got

Customer Question
I had a girl...

I had a girl last night come over to my house and got blackout drunk now shes saying she is going to press charges because she can't remember anything. What should I do?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?

No not yet, Las Vegas NV

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

No not yet

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

Yeah she admitted to taking xanax and I tried to explain to her that's why she can't remember anything

Submitted: 8 months ago.Category: Legal
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9/29/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 12,431
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thank you very much for your patience. I'm sorry to hear about your situation. One of the first things that you should consider is gathering any evidence that might help you in this case. what I mean by this is that you should look to see if you have any cell phone videos or pictures that show that you did nothing wrong. On the other hand, you have to keep in mind that she saying that she's going to press charges, but she's not saying what she is going to press charges for. Is it sexual assault? Is it some other sort of crime that you are unaware of? Until you know for sure, then there's only so much that you can do to prepare in advance. One of the things that I would also do is try to get her to admit that she voluntarily got drunk. I would also start creating a quick timeline of your own facts to help you get a good idea of what happened. Therefore, if she goes to the police, and they ask you about what happened, you will appear more credible if you have a good idea of what happened and when. Did you have any other questions for me? If not, will you satisfied with my service today?

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Customer reply replied 8 months ago
Ok, yes she didn't say what kind of charges. Could you call me at(###) ###-####
Lawyer: Legal Eagle, Lawyer replied 8 months ago

Darn, it looks like the payment failed. This happens from time to time. Our customer care team might be able to help you out. In the meantime, we can continue to chat through text. What other questions did you have for me?

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Customer reply replied 8 months ago
How will I know if she files charges. Will I be arrested?
Lawyer: Legal Eagle, Lawyer replied 8 months ago

That's a good question. Keep in mind that it is not up to her to file charges. The district attorney would have to file charges on her behalf. The district attorney is the only one with the authority to technically file charges. If that is the case, then yes, they would have to come and arrest you. What is more likely to happen is that they would probably conduct an investigation and try to find out exactly what happened before they arrested you. The reason is because they have to have probable cause to arrest you. Only then once they have probable cause, would they then be able to even consider bringing charges. Therefore, if you have a good understanding of what happened and you at least have a good time line and maybe even some evidence to support yourself not having done anything, then it is likely that no charges will never be brought. Did you have other questions for me?

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Customer reply replied 8 months ago
Should I admit we had any sort of touching? She is pointing out bruises and I tried to explain she got them because she was falling down from being intoxicated. And the only proof i have is through text message
Lawyer: Legal Eagle, Lawyer replied 8 months ago

I wouldn't admit to anything. Unless it's proven otherwise, I think your best bet would be to say that you did not touch her in any way that would be considered harmful, sexual, or without her consent.

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Customer reply replied 8 months ago
If she does press charges how will I be notified?
Lawyer: Legal Eagle, Lawyer replied 8 months ago

Well, an investigation would probably occur first before any charges are pressed so you'll know then. Otherwise, if they don't conduct an investigation, the police would probably arrest you. if they dont' arrest you, they will serve a complaint to you personally to show up to court for a hearing. Kind of like when you get a speeding ticket. You're not usually arrested, but you're summoned to court.

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Customer reply replied 8 months ago
Should I go ahead and have a bail bondsman ready because I don;t know anyone here
Lawyer: Legal Eagle, Lawyer replied 8 months ago

It might be good to have one lined up just in case. But it seems like there isn't a ton of evidence to go off of so I' have reason to believe you're safe.

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Customer reply replied 8 months ago
That's what I'm thinking. She has had friends threaten me what should I do about that?
Lawyer: Legal Eagle, Lawyer replied 8 months ago

You may want to consider a protective order against them for harassment if they continue on with that. You can go down to your local courthouse and name all of them to stay away from you.

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Customer reply replied 8 months ago
I don't have their names just a number
Lawyer: Legal Eagle, Lawyer replied 8 months ago

I see what you mean. You may have to get their names. You may have to do some investigation to find out who needs to be restrained, but that is a possibility.

You may want to consider just writing a cease and desist letter. Lawyers use letters like these often to enforce their client’s rights. Here’s a website that has a good template (click here). It only costs $10 and it is way cheaper than litigation.

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Customer reply replied 8 months ago
Ok can they search my place for anything?
Lawyer: Legal Eagle, Lawyer replied 8 months ago

On if they have a search warrant. And this is only if they have probable cause to search. They would only get probable cause if they believe there is enough evidence to even get a warrant. So, as you can see, it would be unlikely considering she was blackout drunk. She could have gotten the bruises from anywhere, so it is not probable that they would conduct a warrant, assuming she even makes good on her threat.

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Customer reply replied 8 months ago
Do girls threaten alot from your experience as an attorney and not go through? I know it's just because she's humiliated
Lawyer: Legal Eagle, Lawyer replied 8 months ago

People tend to threaten lawsuits and criminal action all of the time. Often times it's because they feel embarrassed, hurt, or taken advantage of in some way. Usually within a week or two attends to go away because the actual cost, time, and expense of having to go through the legal process is often not worth what they think it is.

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