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Can I "advise" the police that if they continue to pursue charges against me I will both sue them and file criminal charges?

Rochester, MA |

The police have written a false report, stating that I "consented to a search" of "my address" when in fact I did not. I can prove this because the address in question is my girlfriend's address and when they wanted to search it, I explicitly told them I was not authorized to give them consent as I did not live there and that they would need to speak to my girlfriend. I even let them use my cell phone to call her, so there is a record. I also have her sworn statement. For various reasons, the cops are trying to make it sound like her addy is mine by their statements on the report. This is a clear violation of MGL 268 6(a). I do not want to get charged with any type of threat but I am curious as to the legality of advising them that i they continue, I will file charges. Is this legal?

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Attorney answers 5


You are apparently being charged with a crime in connection with this search. My advice would be to have your attorney communicate with the police on your behalf. She can file a motion to suppress any evidence obtained from a warrantless search, have your girlfriend testify, submit an affidavit signed by you, and hope to prevail. If that happens and they don't have evidence to continue with charges, your rights will be preserved and you can then file a civil suit. I would not recommend threatening the police.

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You are about to be charged with a crime so very careful about any contact with the police. Have your attorney handle all contact with them.


"Legal" or not, your plan is extremely unwise. Don't do it. Put your case in the hands of a respected criminal defense attorney and have no contact with the police except through counsel. Do not try to tell you attorney how to handle the case.

Henry Lebensbaum

Henry Lebensbaum


I agree - it would be idiotic - do nothing unless you consult a criminal defense attorney.


You should absolutely let your attorney handle this matter or if you don't have one yet it is extremely important to hire an experienced criminal defense lawyer to argue on your behalf. If you cannot afford legal representation, an attorney will be appointed by the Court. I would advise you it is unwise to make any statements to the police as those may be later used against you. Good luck!

Inna Rifman, Esq. 

Greater Boston Law

1629 Central Street,
Suite 7 

Stoughton, MA 02072

P:(781) 436-0316 

F: (781) 459-1075


Legal? Yes.

Fruitless effort? Yes.

Could you "win" such a suit? No.

Should YOU be speaking with police (about anything) if you're charged with a crime? Absolutely not.

Should your ATTORNEY speak for you? Absolutely yes.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

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