Legal Question in Criminal Law in California

The day I moved out of my house, my former alcoholic girlfriend/roomate and her new boyfriend filed a police report alleging I beat up the boyfriend in the street at night with no other witnesses. I did bump into them at night and found them to be quite intoxicated and although some words were exchanged there was no physical altercation. The police want to get my side of the story but I told them I don't know what this is about and do not wish to comment further on the matter. I was told by the police that if I refuse to give my side of the story they can only go by what my roommate and the victim claim and a warrant may be issued for my arrest.

I feel I am being framed.

Do I need to talk to the police?

Can they arrest me?

What level of detail should I provide?


Asked on 10/25/11, 2:07 pm

5 Answers from Attorneys
James Bates Law Office of James A. Bates

Even innocent people should not talk to police without a lawyer present. The courts have ruled that cops are allowed to lie to you to gain admissions and confessions. A lawyer by your side can protect you from that kind of trickery.

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Answered on 10/25/11, 2:36 pm
Elliot Zarabi Law Offices of Elliot Zarabi

In my opinion, you should speak to a lawyer about this and he can tell you what you should tell the police and what you should remain silent about.

If you have any questions or would like a free consultation, please feel free to call me.

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Answered on 10/25/11, 2:57 pm
David M. Wallin Law Offices OF David M. Wallin

My office has handled 100's of cases like yours. It is true that someone should speak to law enforcement....just NOT you. When I handle PRE-FILING INVESTIGATIONS like yours, I and my office attempt to let the detective know that he/she doesn't have enough to file a criminal charge. You should retain an attorney to speak to law enforcement for you immediately. I wish you well ....David Wallin

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Answered on 10/25/11, 3:22 pm
Terry A. Nelson Nelson & Lawless

When threatened, arrested or charged with any crime, �What can you do�? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice [if not already too late] to exercise the 5th Amendment RIGHT to SHUT UP and do NOT talk to police or ANYONE about the case except an attorney. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. 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 10/25/11, 5:07 pm


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