Best strategy to file a Criminal Complaint using the same evidence that police is using to investigate me

Asked over 2 years ago - Los Angeles, CA

I am 95% confident that, over a month ago, a psychopath filed a Criminal Complaint against me for stalking. I am also 25% confident that she gave the police some recordings of our phone conversations as evidence. She made all those recordings without informing me before recording. On a few occasions, she mentioned to me that she has me saying this or that on tape. Or that she just recorded what I said. She probably has me on tape saying "If I lose, you will lose" and "if you don't start paying me back what you owe me, I will report you to Workers Comp for insurance fraud" (she did commit that fraud).

I want to find out if the police (of a city that is half an hour drive from me) has any recording of me, and, if so, file a Criminal Complaint against the psychopath under section 632 of the

Additional information

Penal Code. At the same time, I don't want to admit to the police that those recordings are mine if they can use that against me in their investigation of me. While I don't believe I can be convicted based on those recordings alone, I am worried that, taken in conjunction with the fact that I went to the street where she lives 4 times the same week-end, the whole picture can be incriminating.

Based on the frequency and odd timing (such as very early morning and late in the evening) of phone calls from Mr. or Mrs. Unavailable I received on my beloved caller ID, I believe the investigation was full swing over a month ago, the first week or two after I went by her house. It has since slowed down. Of course, now that I made a public confession on a public forum, the investigation will probably resume full swing again.

Attorney answers (4)

  1. David Jon Pullman

    Contributor Level 19

    5

    Lawyers agree

    1

    Answered . You are liable to get yourself into more trouble by acting foolishly. As you noted, you should not be making the kind of admissions you are making here in public. You should discuss the facts of your situation only with your attorney, should you be charged with a crime. An ordinary citizen has no ability to file a criminal complaint against anyone. The best you can do is report her actions to the police and, if they have a tape that she gave them, then they already know she recorded you. You going to the police or making any statements to the police whatsoever would be doing yourself a terrible disservice. If you are contacted by her or the police, you should say absolutely nothing. It is common for the police to put someone up to making recorded pretext calls to a suspect. If there is a case against you, it will be your own statements that will be used as proof. So don't make any statements to anyone except your attorney, should you hire one. Good luck to you.

  2. Maltaise E Cini

    Contributor Level 17

    5

    Lawyers agree

    Answered . This is not a situation that you should be investigating on your own. Any statements that you make to law enforcement can and will be used against you. The only time that law enforcement is required to read you your Miranda rights is if you have been detained, so if you start talking to them about the situation they can use any and all statements. This is what attorneys are for, to be your spokesperson. Hire an attorney who can communicate with the police department to find out what is going on.

  3. Ryan James Tegnelia

    Contributor Level 9

    3

    Lawyers agree

    Answered . Only the government can file criminal charges. It sounds like you are in a situation that you should not be handling on your own. You should meet with an experienced attorney in your area where you can speak freely and get good legal advice.

    SLG Criminal Law Group
    515 South Flower Street
    36th Floor
    Los Angeles, CA 90071
    213-236-3660

  4. Lawrence Irwin Wolf

    Contributor Level 8

    2

    Lawyers agree

    Answered . We can assist you but it would be best for us to talk before you expend any funds
    Larry

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