Legal Question in Criminal Law in California
am i clear
i was with some friends when a car stopped in front of my friends house, and my friend walked up to it with his gun out. he tried to put the gun on safety and it fired off a round accidentaly. no one was hit. the next day all 3 of us got arrested and questioned. the guy who had the gun confessed and took the blame. the cops photographed me and my other innocent friend, took down our information and let us go. the guy who took the blame went to the station. now the people in the car are saying that we told our friend with the gun to shoot at them, which we did not. my question is, since the cops let me and one of my friends go are we cleared from everything?
4 Answers from Attorneys
Re: am i clear
No, and you need to learn to never ever answer questions from the police. Maybe you will have 20 years to regret it. Go to YouTube and search for "Don't Talk To Cops."
Re: am i clear
No.
Re: am i clear
The fact that you and your friends were initially cleared of the matter is not necessarily the end of it. If the officers obtained new information which they believe is reliable charges could still be filed against you.
Keep in mind that you do not have any obligation to answer any questions. You should not be talking to anyone without a lawyer.
That said, it appears to me that the people who are accusing you either told the officers a different story or initially did not say anything and are now singing a different tune. This fact will certainly affect their credibility. This lack of credibility could convince the officers that you should not be charged or, if you are charged, could be used as your defense in the court of law.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: am i clear
No, you are not clear. You could still find yourself arrested. When the police are questioning you never answer any questions without your attorney being present.
If they still want to talk with you, do not speak to them without an attorney. They can still arrest you and charge you with a number of different violations.
You need to start talking to attorneys and possibly consider hiring one immediately. If you hire one now and let them know what happened the attorney may be able to prevent trouble before it occurs. Also, hiring an attorney now will not be very expensive since there is no actually case pending. If one is brought against you will have some one there to assist you. The attorney will renegotiate the price if there is more work to do. Good luck
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