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I am being accused of stealing 3,000 and the detective

I am being accused...

I am being accused of stealing 3,000 and the detective threat that I’m automatically guilty if I don’t take the lie detector test. Should I take it ?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ohio

Lawyer's Assistant: Has anything been filed or reported?

This has been going on since August he said he is going to turn what he has into the prosecutor this afternoon if I do not take it. The only thing he has is a statement from the person that thinks I took this money.

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

That’s about it

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Answered in 5 minutes by:
1/17/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,934
Experience: Active member of the NYS bar since 1989
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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.

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Customer reply replied 7 months ago
Thank you !

ABSOLUTELY NOT and do NOT let the detective try to convince you otherwise. In fact, stop talking to the detective altogether. Tell him that before you have anything more to say to him you want to talk to your lawyer.

One of the most basic principles in criminal law and one of the most important is that you are never required to cooperate in an investigation against yourself. In fact you have a Constitutional right that allows you to refuse to submit to questioning. That refusal can never be used against you in court. But if you submit, anything you say can and will be used against you.

You don't get pats on the head when you are a suspect in a criminal case and you go in and subject yourself to police questioning. What you get, more often than not, is arrested. There isn't a criminal lawyer worth his law degree who would tell you to go in and take a police lie detector test. Your right to remain silent and avoid self-incrimination is fundamental, by which I mean it's in the Constitution. That's how important aright it is. It's not to be given up lightly.

Generally, when the police have enough evidence to arrest you, they don't need to invite you over to talk to them and they don't need to make you take a polygraph. They can just arrest you. So frequently, when they are reaching out, it's because they hope that you will give them the evidence that they don't have so that they can make thier case.

Police are trained interrogators, and they are skilled manipulators of evidence. Also, they are allowed to lie to you to get you to make dangerous admissions or confessions. Also, you don't know all they are looking for, so anything you say can be used against you, even things you think can't possibly hurt.

So do not discuss this theft any further with anyone other than the lawyer you are going to hire if needed -- even though you may not have done it. Anything you say to anyone other than that lawyer is fair game for the prosecutor to twist and use. Go for a local consultation or two with a local criminal defense lawyer with a view to retaining him if you are charged.

Decline the police polygraph. If the detective has enough to charge you with the crime anyway, he will do so, but at least you won't have damaged your case by corroborating evidence that others have told them or by making admissions/confessions you will regret later. If they can't arrest you, so much the better. Don't help them make your arrest.

If you think that a polygraph will show you didn't do anything, without saying anything to anyone other than your lawyer about this, you can ask your defense attorney to privately arrange for one. If it comes out favorably to you, he can then go to the police and the prosecutor with the results and try to get the charges dropped. If it comes out inconclusive or against you (polygraphs are only about 70% accurate which is why they are not admissible in court) your lawyer has an obligation to keep this confidential. He cannot reveal this to the prosecutor and the results -- unlike with a police polygraph -- can never be used against you.

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Customer reply replied 7 months ago
Now he told me if I’m not there by 130 he was going to turn what he had in to the prosecutor. Should I call and tell him I’m not coming or do I just not show up.

If you want, you can call him and tell him that you want to talk to a lawyer before taking any test and that you'll have your lawyer call him. He will know what that means. You can also do nothing and let him figure it out for himself. He cannot use your failure to come in and cooperate against you in court, no matter how it makes him feel privately.

He may actually turn the case over to the prosecutor if he's got enough on you. But the fact is that if you go in for the test, the odds are very high that you'd be arrested on the spot if there's any irregularity in the test results and that the detective would then turn everything over to the prosecutor anyway.

This is a good time to start looking for a criminal defense lawyer. You don't have to retain him or her until you are charged, but it will be useful to you to have the name and number of an attorney you would like to hire. You likely won't have the time to look later on if/when the state is ready to charge you.

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Customer reply replied 7 months ago
Is a statement from the people who accused me enough to get me arrested ?

Probably not unless they caught you red handed or you are the only other person who could have possibly had access to the $3K. Otherwise, they wouldn't want you to polygraph.

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Customer reply replied 7 months ago
These people are crazy and saying I reached through a bedroom window to steal a envelope with the money in it I live in the apartment next door so they are saying I’m the only one who would have seen the bedroom window open

I am going to stand by everything that I have said already. You will do yourself no favor by talking to the police and taking a polygraph.

Your neighbor's story is improbable. The police aren't sure. As I said, if you want to take a polygraph, let your defense lawyer get you one. just don't tell anyone other than the lawyer about it. That way, the results can possibly help you but if not, there's absolutely no downside.

A police polygraph can hurt.

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Customer reply replied 7 months ago
Thank you for your time ! I don’t want to have a ton of money unless I’m charged

Understood. But many lawyers have free or low-cost initial consultations. So you can do some work in advance and it won't cost you much more than time.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Best of luck!

Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,934
Experience: Active member of the NYS bar since 1989
Verified
Zoey, JD and 87 other Legal Specialists are ready to help you
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Customer reply replied 7 months ago
The same detective came back today and is being really pushy about taking a Cvc test I told him I was going to consult with a lawyer before I do anything. He again referred if I do not take it he will take what he has to the prosecutor. Witch he was saying he was going to do Friday. What do you recommend I do?

My answer hasn't changed. I told you last week to consult with local counsel and get a defense polygraph taken if you thought it would come out negative. That's still what you should do. Always pass up a police-run polygraph when you're a suspect of a crime.

If you don't test for the police, maybe he will arrest you and maybe he is just trying to force an issue. But if you DO test for the police he'll not only arrest you if it comes out against you or inconclusive, but you'll have tied the hands of any lawyer who would have to defend you.

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Customer reply replied 6 months ago
Are cops allowed to go through your bank statements?? I have nothing to hide but he called me and left me a voice mail wanting to know where a cash deposit of $100 came from and I haven’t talked to him since he showed up my house.

They can subpoena your bank statements as part of a criminal investigation. You don't have to call this officer back and answer his question, for the same reason you don't have to be polygraphed. He's looking to find a way to charge you. Don't help him out.

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Customer reply replied 6 months ago
since he went through them that means he got one ? What else could they be looking into ? I feel vary violated

Yes. If he obtained your bank records, he got them pursuant to a subpoena.

You're being investigated for the possible theft of $3,000, so of course, your bank account would be of interest to them. That's why they want to know where you could come up with $100 cash and why you should not call the detective back.

If he calls you, tell him you have nothing more to discuss with him without a lawyer.

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Customer reply replied 6 months ago
If you had to guess am I going to be arrested ? There is no evidence other than these people’s word.

They got a subpoena. That means they convinced a judge that they would likely find evidence. I think it's even money that you'll be charged. They don't see anything conclusive in there or they'd charge you now rather than call. Still, it's significant that they were able to get the records.

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