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Can a case that is under investigation be dismissed? There…

Can a case that is...
Can a case that is under investigation be dismissed? There hasn’t been any charges or arrest made, only investigation.
A friend of mine filed an auto claim with an insurance company, they investigated and found out she bought the policy after the accident, they denied her claim and did not make any payments, months later she got a call from a detective saying the insurance referred the case to them and the detective wants to meet with her and hear her part of the story
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Answered in 3 minutes by:
3/12/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,425
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Are you asking whether the police can drop their investigation or whether your friend should go speak to the police?

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Customer reply replied 4 months ago
Should she speak with the detective that’s trying to hear her side of the story or just get a lawyer, can a layer stop the investigation from going through?

Thank you. Give me a few minutes to type a reply.

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Customer reply replied 4 months ago
Okay

No, a lawyer cannot stop the investigation. However, he can prevent her rights from being violated. She should not even consider speaking to the detective without a lawyer, and the lawyer is probably likely to tell her not to speak to the detective at all.

The suspect of a crime should NEVER allow herself to be questioned by the police without a lawyer being present.

That's one of the most basic principles in criminal law and one of the most important. She is never required to cooperate in an investigation against herself. In fact, she has a Constitutional right that allows her to refuse to submit to questioning. That refusal can never be used against her in court. But if she submits to interrogation, anything she says can and will be used against her.

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 defense lawyer worth his law degree who would tell someone in her situation to go in and talk to the police without counsel. Her right to remain silent and avoid self-incrimination is fundamental, by which I mean it's in the Constitution. That's how important a right it is. It's not to be given up lightly.

Generally, when the police have enough evidence to arrest a suspect, they don't need to invite him or her over to talk to them. They can just make the arrest. So frequently, when they are reaching out like this, it's because they hope that the suspect will give them evidence they don't have so they can make that arrest. Police are trained interrogators, and they are skilled manipulators of evidence. She could end up making admissions that can get her charged and/or hamper her attorney's ability to defend her or to get her a good deal.

If she thinks it's a good idea to talk to the police, she should first go for a local consultation or two with a criminal defense lawyer with a view to retaining him if she is later charged. If the police call and want her to come in, she can just tell them that she'll reach out to her lawyer and have him or her contact them. They won't be happy to hear that, but she won't have made any damaging admissions either, and it should end the conversation.

If they can arrest her anyway, they will do so, but at least she won't have damaged her case by corroborating evidence that her insurance company and other have told them. If they can't arrest her, so much the better. If she put in a claim on a policy she didn't have when the accident occurred, there isn't anything she can say to the police that's going to be helpful to her.

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Customer reply replied 4 months ago
Thank you so much
Customer reply replied 4 months ago
That was very helpful

You're very welcome!

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.

Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,425
Experience: Active member of the NYS bar since 1989
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