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Detective wants me to come in to answer some questions about bad checks I wrote.. What rights do I have? Please help..

Milwaukee, WI |

About 3 months back I wrote 1 or 2 bad checks at a gas station. I had either used a wrong name on the check or used a non-exist account number. The 1st check was $60 & the 2nd one was $80. I have no prior convictions or criminal record. A detective called my phone so I answered & he asked if I could come in within a few days to answer a few questions surrounding "check stuff" (as he put it). I briefly spoke with a criminal defense lawyer & he said to call him back & invoke my 5th amendment right and to definitely not go in.

What's everyone's thoughts on this? Yes, I would like to just get beyond this but I don't want to go to jail for any reason. My wife & kid depend upon me & this whole thing was stupid from the get-go.. What will they do when I say I invoke the 5th right? Thnx

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Attorney answers 4

Posted

Retain a good criminal defense lawyer to protect your rights in connection with this case. Good luck.

Posted

stop posting facts online as it can be used against you. this could be worthless checks, it could be charged as fraud or identity theft which could be a felony. As a general rule, you don't want to convict yourself with your words.

In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.

Posted

Definitely consult with and retain a local criminal defense attorney. Let he or she contact the detective and try to figure out a way to resolve this matter for you. You don't want to do it yourself as you will implicate yourself further simply trying to "work it out". Let the lawyer figure out what can be accomplished for you.

Good luck!

Posted

A detective contacts you when he or she is investigating filing charges against you for a particular offense. You have the right to decline the interview and not answer any questions that may incriminate you. The interview is voluntary. If the police had charges to file against you, you would already be arrested. It is a good idea to invoke your 5th Amendment rights. Anything you say to the officer voluntarily can be used against you in court. Refrain from making any more statements in this forum, since your communication here is not privileged nor confidential.

Retain and hire a criminal defense attorney who can assist you prior to charges being filed. A criminal defense attorney can speak with the police and or DA before charges are filed to potentially have the charges dropped or reduced, the attorney will determine whether attending the interview would exonerate you and attend the interview with you, or assist you in invoking your 5th Amendment rights and prepare you for any potential criminal action.

The information provided is intended for informational purposes only and should not substitute for the advice and counsel of an attorney. This information does not constitute legal advice. We ask that you consult with a lawyer, as your facts are unique and because each situation requires analysis from many different perspectives. We cannot be responsible if you rely on information based on this website without the consultation of an attorney.

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