I've recently been falsely accused of a rape from 4 years ago(I'm in FL). This was placed forth in a temporary injunction by an ex girlfriend to satisfy the requirements in the order as she had no other incidents to draw on. In my hearing the judge dismissed the injunction due to insufficient evidence. Now what remains in this situation is the rape accusation which to my knowledge the police are still investigating. Will submitting a statement get them to cancel the investigation? Is it just better to say nothing to them? I have an affidavit from the injunction hearing which covers so of this issue. Should I use that as my statement?
Criminal Defense Attorney
Man, listen really carefully to what I am going to tell you. I do not think that any other attorney will disagree with what I am going to tell you. SAY NOTHING FURTHER. Not to anyone but a good defense lawyer. I don't care if it's me; I don't care if it's someone else, just get an attorney immediately. Stay off message boards. Stay off social networking sites. Do not talk to your friends about it. Don't reply further here other than to perhaps use AVVO's link to set up phone conferences with attorneys with who you would like to confer.
The testimony provided at the injunction hearing may provide you with a means of establishing a defense of collateral estoppel, which is an absolute defense. Actually it is what is known as an avoidance, but that doesn't matter right now. A little research and close look at what was said and in what respect will probably yield an easy answer. Unfortunately, I don't think that is happening but nonetheless you will probably have tremendous material for impeachment if necessary and the attorney you decide to hire can take that transcript to the State's Attorney's Office in an effort to dissuade them from filing charges at all.
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I agree with Mr. Dohner 100%. There is nothing that you can do to improve your situation, other than hiring an attorney. There are many things that you can do to harm your situation, such as communicating with the police and sharing details on a message board.
DUI / DWI Attorney
Both are right. Do not say another word, type another word about this incident unless it is to your lawyer. Find a lawyer in your area who handles these type of cases immediately.
I agree with the other opinions. Say nothing and hire a lawyer. My office has been hired by clients during investigations prior to any arrest. This can help alot.
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