About a year and a half ago my room mate brought a 14 year old girl home and she stayed willingly for the weekend, she told us that her step father sexually abused her and that she didn't want to go back home. We didn't know what to do so we allowed her to stay. My room mate hid her from my wife in his bedroom downstairs in the basement and she caught the girl sneaking to the bathroom so she confronted her and called the police when she learned the girls age. The police came and took the girl. The girl told the police that she had sexual relations with 3 men in my house including my room mate and myself. My room mate admitted that he had sex with her, but I never touched her. Now a year and a half later I have an investigator looking for me. I'm supposed to meet him Friday. What do I do?
Do not speak with the investigators. That is the best advice you will probalby ever hear. In every criminal case if the police are asking you questions and looking at you as a suspect you had better remember your key rights. 1) Remain silent 2) Have a COMPENTENT ATTORNEY present IF you ever end up needing to talk to the police. It starts out with the small stuff. You admit you saw her there and then the police no longer have to prove you were both there. Each thing you admit is one more thing they don't have to prove in court. If you try and justify anything you've done then you are probably convicting yourself by doing so. Always use your rights and you better have an attorney that has enough guts to protect you and not cower down to the police.
Police are our friends and they are helpful if you are being hurt and need help. If however they are investigating you or your family they are no longer on your side. You do not want the police involved in your affairs unless it is a life or death type of situation. Take caution and get the attorney now regardless of what it is going to cost.
Aaron Nielson 801-889-2560 [email protected] ***LEGAL DISCLAIMER*** My response to any questions or comments is not legal advice and it does not establish an attorney-client relationship. My replies are comments based on a very short scenario that does not include all of the facts. You should consider my comments and discuss them with your attorney. Avvo is not a safe place to discuss facts of your case or admit any fact or try to explain your side of the story. Remember your right to remain silent. If you want to discuss case specifics then contact me for a consultation appointment or strategizing meeting. www.AaronNielsonLaw.com
You need to call a criminal defense attorney and speak directly with him/her about the details. You do not have to speak with an investigator. You should not speak with an investigator, police officer, detective, or anyone else for that matter until you have discussed your circumstances with a lawyer. I changed the practice area on your question to criminal defense as this is not a family law issue.
You can absolutely refuse to speak to the investigator. Call local counsel immediately. This is extremely serious and you need to be proactive.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
You cannot be forced to speak with the investigator, but if you do, you must be truthful or you can only make your situation worse. As others have said, these are extremely serious accusations. The police are not just offering you an opportunity to "tell your side of the story," nor should you without the advice and assistance of an attorney. If they had enough evidence to charge you, they likely would not be fishing for your statements. Please proceed with extreme caution.
You certainly do have the right to refuse the interview, and this is generally the smart thing to do. That said, letting the investigator know that you have an attorney retained who needs to be involved in all interview requests can be a great deterrent against further investigator actions. More importantly - and given the situation that you have described - you need to speak with an attorney immediately. The allegations against you have the potential of resulting in some very serious charges, and if the case is issued with a warrant an attorney can help in getting the warrant recalled before an arrest.
You need an attorney immediately. These are very serious charges. Do not talk to the police. It isn't a "chance to tell your side of the story" as you may have been told. Tell your side of the story to your attorney. The case had not been filed yet, so hire an attorney to try to shut it down before charges are filed.
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