I am being falsely accused of a sex come and the police want to interview me. Should I go, should I have a lawyer.

Asked almost 2 years ago - Sacramento, CA

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No charges files yet the detective says he is investigating.

Attorney answers (4)

  1. Pro

    Contributor Level 20

    Answered August 03, 2011 20:53. Despite that my colleague is an out of state lawyer who knows nothing about CA law, she is giving good advice. Do not give any interviews even if the cops say they are just investigating. The Sacramento cops in particular lie in sex cases. They invite you in to chat and then they arrest you. Believe me. I've fought these cases in that county. Don't say anything and hire a lawyer now.

    I have tried sex cases in Sacramento although my office is in SF. I know the judges and the DAs. You'll have a tough fight and I'd be happy to represent you. Call me for a free interview.

  2. Contributor Level 11

    Answered August 03, 2011 22:57. Please, get a lawyer. Any sex charge in California is serious, and can have lifelong consequences.

    Absolutely do not go to or allow the police to interview you without an attorney. If you are arrested, tell the police one thing: You want an attorney and you will not speak until your attorney is present.

    Repeat: "I will not answer any questions without my attorney present." (Practice three times)

    The reason? Anything you say will be used against you. Words can be twisted, the officers may confuse you, they may wear you out, they may lie, they may trick you. Why deal with that? They are trained to get people to make admissions of wrongdoing. You are not trained to deal with this.

    So, say nothing except the above if you are detained or arrested. Rather than waiting for that possibility, you should consult with several local attorneys right now. The attorneys may be able to help improve your position before charges are filed, and most offer free and confidential consultations.

    If you are unlucky, you may have the opportunity to fight the false accusations at a later date, AFTER you have an attorney at your side who won't allow you to give the police any ammunition.

    Innocent people get arrested every day, usually right after their lips move and words come out in a police interrogation room. Don't be one of them. Lawyer up!

    Good luck.

  3. Contributor Level 9

    Answered August 04, 2011 10:45. I agree with what everyone is saying. You absolutely need to talk to a lawyer before talking to the police. Most likely you will be advised to not make a statement but each case has to be determined on it's own merits. When in doubt do not talk to the police.

    Response to answers is for general information purposes only and does NOT establish an attorney client... more
  4. Pro

    Contributor Level 17

    Answered August 03, 2011 18:21. Get a lawyer immediately. Do not speak to any officer without speaking to an experienced criminal defense attorney first.

    In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more

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