Should I tell the officer who contacts me that the details of the allegations are false, or should I just let my attorney handle it?
Asked on Aug 19th, 2012 on Criminal Law - Michigan
More details to this question:
My fiancรฉe and I have been together for a year and a half. We were having some problems so we called off the wedding and I moved out back in May, but I kept my key, at his request. We have been 'working on things', and I come over frequently, as often as I like. I also leave my things there. Last night, while we're at the bar, we got in an argument and he left me there and drove home. I called/texted him to get him to come back but he refused. Later on, I drove over to the house, and used my key to enter it. We got in a huge argument. He broke up with me. He demanded that I give him my key back, and to get off his property. I gave him the key, walked out of the house, and got in my car. Before driving away, I realized that I left some of my things there. I went to the door so I could get my things from inside, but he had locked me out of every door. I started knocking on the door, on the window pane in particular, calling for him to open the door. I knocked so hard that the window pane broke. He came to the door and said I was causing a scene and let me in. I said I was sorry for breaking the window and that it was an accident. He said that I broke in his house and he was going to call the cops. I begged him not to because it was an accident and he said okay. He wonโt call, but that I needed to leave. So I left. Now he wants to press charges after finding out how expensive it will be to fix the door. He filed a police report, but that police report contained false details.
You should get a lawyer. The officer who calls you will be looking for the slightest mistake to determine that you are lying and that will give him probable cause to arrest you. It is very rare that someone can convince the police of their innocence. Get a lawyer and let the lawyer talk to the cops for you. This is a family law matter that was escalated by your boyfriend.
Your attorney is in the best position not only to protect your rights but can convey any 'exculpatory' evidence or evidence that contradicts the allegation. Let your attorney talk to the police or prosecutor.
If you have an attorney, then let the attorney handle it. That's what you have hired the attorney to do. Do not do anything without the advice of your attorney
If you hired an attorney, let your attorney handle it. That's why you hired him. Never speak to the police or anyone else about a criminal charge without your attorney present.
If you have an attorney, you should be asking him. Any attorney will tell you to exercise the 5th Amendment RIGHT to SHUT UP and do NOT talk to police or ANYONE about the details of the case except through an attorney.
You will not talk your way out of criminal charges once they are filed. Do not speak to police, speak to your lawyer and take his/her advice, which should be Do not speak to police.
I would let your attorney do all the talking. There is no advantage to doing the talking yourself. Your attorney has more experience in these types of things, and there's no chance of your words being used against you later in court.
Everything you say can and will be used against you in court. No matter what you say the cop will twist your words around. So trust me, let the attorney handle it.
Talk to your lawyer, don't talk to the police. There is little you can say to the police that will change the situation and anything you do say can be used against you.
Let your attorney handle it. It is a major mistake to talk with the police unless your attorney has advised that. You may have some great defenses here, such as if you were living there then you may be a tenant whom he would have to evict. Thus, you may have had a legal right to enter the premises.
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