Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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

Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
1/17/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,418
Experience: Active member of the NYS bar since 1989
Verified

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.

Ask Your Own Legal Question
Customer reply replied 4 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.

Ask Your Own Legal Question
Customer reply replied 4 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.

Ask Your Own Legal Question
Customer reply replied 4 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.

Ask Your Own Legal Question
Customer reply replied 4 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.

Ask Your Own Legal Question
Customer reply replied 4 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: 30,418
Experience: Active member of the NYS bar since 1989
Verified
Zoey, JD and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 3 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.

Ask Your Own Legal Question
Customer reply replied 3 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.

Ask Your Own Legal Question
Customer reply replied 3 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.

Ask Your Own Legal Question
Customer reply replied 3 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.

Ask Your Own Legal Question
Was this answer helpful?
Ask Zoey, JD Your Own Question
Zoey, JD
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,418
30,418 Satisfied Customers
Experience: Active member of the NYS bar since 1989

Zoey, JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My wife got a subpoena to appear as a witness in the mail.
my wife got a subpoena to appear as a witness in the mail. She didn't sign for anything. Does she still need to appear at the Grand Jury? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,522 satisfied customers
Whst constitutes slander. New mexico. Info gathering
Whst constitutes slander JA: What state is this in? It matters because laws vary by location. Customer: New mexico JA: What steps have been taken so far? Customer: Info gathering JA: Anything else you… read more
Expert
Expert
Managing Partner
Doctoral Degree
8 satisfied customers
What is difference between legal notice and subpoena in
what is difference between legal notice and subpoena in state of new jersey i am witness for state and keep getting legal notices... … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
What constitutes a comonlaw wife and what are her rights.
What constitutes a comonlaw wife and what are her rights … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,790 satisfied customers
If I receive a subpoena from the district attorney what
If I receive a subpoena from the district attorney what rights do I have? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,522 satisfied customers
Is it a HIPAA violation to release records on a subpoena
Is it a HIPAA violation to release records on a subpoena without the patient's consent AND what if those records contained STD information? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,525 satisfied customers
I am not sure if I need a defense attorney. Ohio. None
None actually. I am a listed as witness in a trial against my former boyfriend. The state filed charges but i was dishonest with the police officer and want to tell the truth so i don't know if ill need an attorney after the trial. Im still being represented by the prosecutor … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
We paid a criminal defense attorney to represent him and he
We paid a criminal defense attorney to represent him and he did nothing but try to plea deal. He has since requested to be removed from defending him and that was granted.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,790 satisfied customers
My minor child received a subpoena to testify as a witness
My minor child received a subpoena to testify as a witness at her father's trial today. Previously we had received summonses and I spoke with the district attorney's office. Her presence will be harmf… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am interested in talking with a criminal defense attorney?
I am interested in talking with a criminal defense attorney? … read more
Zoey, JD
Zoey, JD
Attorney
30,418 satisfied customers
Are you a defense attorney. Fl. None. I think I talked to
I think I talked to someone today. Loren. Is he an attorney there.… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I heard that insurance defense attorneys are busier than
I heard that insurance defense attorneys are busier than other attorneys. What would be the reasons? Thanks.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,790 satisfied customers
Can us marshals kick in door to serve subpoena, but subpoena
Its my brother but I live with him so I want to know all that can happen … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I had an insurance defense attorney to defend me against the
I had an insurance defense attorney to defend me against the other party's claims. At the same time, I paid another attorney for the counterclaims part. My counterclaims attorney told me the insurance… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,341 satisfied customers
My insurance company and insurance defense attorney settled
My insurance company and insurance defense attorney settled a lawsuit against me. My understanding was that insurance company pays defense attorney and controls litigation, and defense attorney protec… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,166 satisfied customers
Would an attorney insurance defense attorney feel very
Would an attorney insurance defense attorney feel very strong about pointing out the lies made by the other party? How about a regular attorney? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Seeking a California criminal defense attorney. I know of a
HelloSeeking a California criminal defense attorney.I know of a young adult male going to arraignment in a few days for a DUI. He was released after booking on a Sheriff Pretrial Release Program, and … read more
LegalGems
LegalGems
Juris Doctorate
11,873 satisfied customers
I have a friend who is a licensed defense attorney in
I have a friend who is a licensed defense attorney in Florida and has developed a serious drug addiction problem. He is not employed and is very depressed. As a result, he has started lashing out at f… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,095 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x