Legal Question in Criminal Law in Massachusetts

Hi,

I work for a PC repair company and go around houses and companies fixing computers. Last night I got a call from a detective from a town which is about 35 miles from where I live regarding a house that I was in servicing a customers PC. According to him the customer had missing checks from his house and they were cashed in a city next to mines about 20 miles away from his location. The person who cashed it his name doesn't ring a bell and I don't know who he is. According to the detective that person who cashed it told him that his friend Mike gave it him I know Mike because we went to the same school years ago but we never hang out. I haven't seen him in months and all off a sudden he is saying that I gave him fake check to give to his friend to cash. Me and him never got along that well.

My question: How does it look for me? Do I need to be worried? Detective told me the check was for 450 I think. Any help would be much appreciated

Thanks!


Asked on 1/06/11, 8:36 pm

1 Answer from Attorneys
Dominic Pang The Law Office of Dominic L. Pang

You're a person of interest in a felony, so you should be concerned. However, the evidence against you is the say so of some other guy who is himself involved in the crime. The police have no videotape of you taking the check or cashing the check, and no admission from you that you took the check. The other guy(s) who said you took the check will have a 5th amendment privilege to refuse to testify, and the police can't testify as to what the other guy(s) told them, as that would be hearsay.

You have a right to remain silent, and your remaining silent cannot be used against you in court. The police cannot testify at trial, for example, that you refused to speak to them. You should retain an attorney immediately and not make any further statements to the police. Do not be tempted to go and and make a statement to clear you name; this is a common ploy used by police to give them a chance to interrogate a suspect without the suspect having an attorney. Most people think that if they don't talk to the police, the police will think they are guilty. The police already think you are guilty, and speaking to them will only give them an opportunity to gather evidence against you and perhaps claim you said something you did not say. Hire an attorney now and do not speak further to the police. The burden is on the government to prove you guilty, not on you to prove your innocence.

Best of luck,

Dominic Pang (617.538.1127)

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Answered on 1/12/11, 4:23 am


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