Tag Archives: RIGHT TO REMAIN SILENT

Should I talk to the police. They said if I do they will close the case

Q: I was accused of a crime. The police said they need my written statement to close the case but don’t want to arrest me. Your advice please? They want statements from my wife and friend and said if we don’t give our statements he will just arrest me and charge me. He said the victim’s statement is enough to charge and convict me but he just wants to close the case so it never happens again. He also lied and said he already had a statement from my friend when he didn’t

A: If you get the cops to agree to this, that agreement is not enforceable. In criminal law, only agreements between the DA and the defendant’s lawyer are enforceable. Therefore there is no duty he has to close the case. Most people convict themselves by speaking with the police and making an incriminating admission. You have not duty to speak with the police and they know that. You have the 5th Amendment constitutional right to remain silent and they know that. Let them charge you if that is what they want. I would hire a lawyer now if you can and he or she can talk to the police for you.

How do I drop charges against my boyfriend?

Q. How to drop criminal mischief charges when officer refuses? My boyfriend and I got into a fight and he damaged some of my possessions and was charged with criminal mischief. Since he received the citation, we have decided he would pay me the money owed for the damages without dealing with going to court. I called the DA office and they told me only the officer charging could drop the charges. When I contacted him to ask him to drop the charges, he refused. I had no idea it was going to be this extreme all I wanted was money to pay for the damages. What can I do to get the charges dropped when we are already resolving the issue?

A. See a lawyer. You can refuse to testify, even if the DA and police officer attempt to persuade you to do so. The only person that can hurt you is the Judge who can hold you in contempt of court for not testifying and put you in jail. This is doubtful and most judges will not go to this extreme in domestic case, especially if you were not personally hurt. If you hear the judge warn you about contempt, then you may think twice and testify. The lawyer can guide you through this it is too tricky to do on your own. Be careful not to change your previous story to police or you may end up in jail for false reports. Also, these charges cannot be dropped until his hearing. Your refusal to prosecute has to be on the record.