QUESTION
How can I stop someone from accusing my daughter of breaking and entering?
Asked on Aug 26th, 2011 on Criminal Law - Texas
More details to this question:
My daughters friend thinks her and another friend broke into her house while they were on vacation. But this is not true. What should I do and what can the legal implications be?
16 ANSWERS
Roianne Houlton Conner
You must get an attorney to help with this situation.
Answered on Jun 11th, 2013 at 1:40 AM
Michael J. Breczinski
get an attorney and DO NOT TALK TO THE POLICE OR ANYONE ELSE ABOUT THE MATTER WITHOUT AN ATTORNEY BEING THERE FOR YOUR DAUGHTER. Remember you daughter has the right to remain silent!!!!
Answered on Aug 30th, 2011 at 8:51 AM
2 Awards
Depending on why your daughter's friend thinks this, this may lead to something and it may lead to nothing. Law enforcement may at least question your daughter. Prior to your daughter making any statements, I suggest your daughter consults an experienced Criminal Defense attorney to discuss her case in greater detail and learn all of her rights and options. Legally this cannot be held against her. It is simply the smart thing to do. If any statements are to be made to law enforcement, they should be made through an attorney. Good luck.
Answered on Aug 29th, 2011 at 12:44 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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You can never stop a rumor. If you know the folks house that was broken into you can talk to them and explain rumor and that daughter was with you etc. In terms of legal action I don't believe any way to stop spread. If police are involved it is better to not have daughter make any statements to anybody.
Answered on Aug 29th, 2011 at 12:28 PM
There is no practical way to stop someone from saying something. However, allegations of commiting a crime could be slander. If this continues to be a problem you should consult with an attorney.
Answered on Aug 29th, 2011 at 12:09 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I would have your daughter consult with an attorney. If there is any merit to the allegations and they result in charges being filed, depending upon your daughter's age, the penalties could be substantial. Talk with an attorney!
Answered on Aug 29th, 2011 at 12:04 PM
Jacob P. Sartz
If there is enough evidence for a case to proceed, the act of breaking and entering into another person's home, under Michigan law, could be charged as a serious felony. Mere allegations are usually not enough. Simply because a person is ultimately charged does not mean they would ultimately be convicted. The police will conduct their own investigation to the matter if they are contacted and if the other party wishes to pursue the charges. I'd recommend that you contact an attorney to assist you with this matter. What any person suspected of a possible crime says or does could be used against them in a future criminal proceeding.
Answered on Aug 29th, 2011 at 11:55 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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There is not a lot you can do. If he is harassing her, which is a series of three occurrences of causing her distress, you may be able to get a harassment order, but to do so you would not only have to show he is harassing her but also that the claims ate false.
Answered on Aug 29th, 2011 at 10:55 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Accusing someone of a crime that they did not commit or have not been charged with could possibly be grounds for defamation. Keep in mind that such suits are very hard to prevail on. However, a letter from an attorney telling the offending party to stop the false communications or else face legal action is often enough to get them to stop. I would suggest trying that approach.
Answered on Aug 29th, 2011 at 10:21 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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You cannot stop someone from reporting what they believe is a crime. The real question is whether or not there is enough evidence for the police to send the case to the prosecutor and whether the prosecutor believes there is enough to bring charges. If the case is as questionable as you believe, then no charges will be brought. If the case is brought, then you should consult with and hire an attorney who can best represent you. I hope that this was helpful.
Answered on Aug 29th, 2011 at 10:20 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Stay out of it and avoid your own problems. You can't stop someone from making accusations. It's up to the police to investigate and do what they think is correct.
Answered on Aug 29th, 2011 at 8:25 AM
For there to be any criminal issues the victim has to contact the police and for the police to investigate and file a report. If your daughter is named by the victim as one of the people breaking into the house the police will contact her for a statement. If the police contact her she should not talk with them about the alleged incident unless she has an attorney with her. If your daughter is found guilty of this it will affect her life from that point on. She could go to jail, have this on her record effecting job chooses. The money spent on an attorney at this time will be well spent with what can happen. If she is contacted by the police get her an lawyer!
Answered on Aug 29th, 2011 at 6:25 AM
Just remain silent and do not speak about this to anyone unless your attorney is present. Let that person say whatever he/she wants. Not incriminating yourself is the key to prevent being falsely charged (remember, once you start talking, your words can be twisted around in ways you can't imagine).
Answered on Aug 29th, 2011 at 5:15 AM
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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No one can stop anyone from making accusations. The police and prosecutor looks to see if there is any evidence to support the allegations. If not, nothing happens. If there is, she could be prosecuted.
Answered on Aug 28th, 2011 at 7:23 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If it is false then it is probably the tort of defamation of character for which you can sue. Even in small claims court. But there is obviously no way you can gag the accuser.
Answered on Aug 28th, 2011 at 7:12 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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There is nothing that you can do to stop it. If the police investigate, she will need a lawyer BEFORE she talks with them so that she is not harassed or pushed. If she makes a statement, then it needs to be thorough and complete or anything she leaves out and later remembers will be claimed to be untrue. Burglary of a habitation is a second degree felony which carries from 5 to 99 years or life for an adult. (It is different for juveniles but still very serious. It could result in a stint in Texas Youth Commission.)
Answered on Aug 28th, 2011 at 6:33 AM