Legal Question in Criminal Law in California

My roommate was arrested last week for having a credit card in another persons name.

I've received a letter from the detective on my roommate's case asking me to contact him regarding the ongoing investigation????

The letter said I may be a subject of this investigation....should I be worried??? How do I answer any questions without saying anything that could harm me or my roommate?


Asked on 12/07/12, 7:12 am

4 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

You contact an attorney first ... talk to some local to where you/ the investigation is. Good luck!

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Answered on 12/07/12, 7:43 am
Steven Mandell Law Offices of Steven R. Mandell

The letter said I may be a subject of this investigation....should I be worried??? How do I answer any questions without saying anything that could harm me or my roommate?

You have good instincts. You SHOULD BE worried. As "subject" of the investigation, you could easily be considered a "suspect" or "defendant" in a heartbeat. As for answering questions, do not think for a second of meeting with or talking to the investigator without having a lawyer first. The cop is a professional and you're an amateur. You should NEVER talk to a policeman when you're the potential defendant without a lawyer present, and then I'd tell you not to answer any questions. This is complex stuff, but you should at least consult with a lawyer before doing anything with the cop. If you'd like to discuss this with me further, don't hesitate to call. Good luck. Steve Mandell 310 393 0639

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Answered on 12/07/12, 10:23 am
Terry A. Nelson Nelson & Lawless

Gee, I don't know. When the police say you are a suspect, what would make you think you shouldn't worry? Criminal charges can be filed if they think you were part of a conspiracy.

When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. Other than that, no amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense if charges are bought against you.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 12/07/12, 11:30 am
Zadik Shapiro Law Offices of C. Zadik Shapiro

I agree with my colleagues that you need to speak to a lawyer first and have the lawyer present during any conversation with the detective. But if for any reason you do not speak to a lawyer do not speak to the detective. If he/she calls or comes by your house refuse to talk to him/her without a lawyer present. You're way better off refusing to talk to the detective than talking to the detective without a lawyer present.

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Answered on 12/09/12, 6:33 pm


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