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I am under investigation for extortion. I was texting a girl that I met online and we got into an argument so I threatened her and said I was going to post pics of her nude on Facebook if she didn't send me 100 dollars but I didn't even have any nude pics of her on my phone and I was never going to do it I was just trying to make her angry. So she contacted the police and now I have a detective investigation and trying to put an extortion case for me. I told him in November that I do not wish to speak to him at all because he kept calling me and even came to my house and my job. Today recently he contacted my girlfriend and told her that she has to go to the police station to clear up her name or he will be issuing a warrant for her arrest because we live together. We live in a different city where the investigation is so she would have to drive 3 hours just to do that. He told her on the phone he believes she has nothing to do with anything but she needs to come down so they can have
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I cannot advise you or your girlfriend as to what you should do. However, here is some general information that may be useful:
Generally, in Florida, unless a person is served with a subpoena that orders him/her to appear at a specified location at a set time, to testify or provide information, there is no requirement that you do so. Even if the person is served with a subpoena, he/she may have to appear (or move to quash the subpoena), but not be required to provide information or answer questions if the person invokes his/her 5th Amendment right to not incriminate him/herself. However, the state may offer a degree or level of immunity if the person testifies or answers questions. There are two different kinds/levels of immunity ("use" and "transactionsl") that can be granted by the state. Normally, it is best to discuss this with an attorney ahead of time -- so a person knows whether or not it is applicable, when and how to ask for it, and to what extent it provides protection.
Law enforcement, in the absence of a subpoena, cannot arrest a person for failing to come to the station to provide information in an investigation. Law enforcement may arrest a person if it has probable cause to believe the person is committing or has committed a crime -- or the court has issued an arrest warrant for the person (for any number of reasons -- but not for failing to appear voluntarily at a police station to provide information pertaining to an investigation). If a person is taken into custody and/or arrested, then the person has the "right to remain silent." Anything the person says can (and almost assuredly will) be used against the person. So, absent a subpoena, it is normally up to the individual to decide whether to answer questions and/or provide information in an investigation. There are some limited circumstances when a person, to avoid arrest, may have to answer basic preliminary questions -- usually pertaining to possible "loitering and prowling" situations -- such as the person's name and what he/she is doing in a certain location under suspicious circumstances.
Answered on Jan 12th, 2017 at 6:53 AM