Legal Question in Criminal Law in California

I faced an interrogation at my home yesterday by the cops. I have a person at work who is harassing me and has prior convictions. This person's made my life hell so I came forth with "witnesses" to this harassment for the police report. Cops corned me at my home yesterday and got me to admit that these witnesses were lying to them; plus they'd spoken to one witness whose story was suspect. This harasser has threatened my life and that of my children; I'm a single mom & was terrified for my kids so I allowed friends to be "witnesses" and they basically buried themselves in lies. I wasn't arrested but cops thru out my case they'd been working on for months. Now I'm stuck with the harasser still bothering me but cops didn't arrest me. Do I still have to fear being arrested? They tape recorded our conversation and didn't arrest me but said they were going to tell the harasser to leave me alone. What can I expect next? Please do more than tell me to talk to a lawyer; I will do that tomorrow but I'm so worried I just want to know a bit about what else I can expect from this encounter w/the cops. Wouldn't I have been arrested on the spot if they felt they had enough evidence against me to do so? Is throwing out this case "punishment" enough when they had a lot of evidence against this guy? Why wasn't I read rights and taken to the police station if I'm now guilty of a "crime"?


Asked on 3/04/14, 4:45 am

2 Answers from Attorneys
David M. Wallin Law Offices OF David M. Wallin

As someone who has handled cases like your for over 26 years, I can tell you that you should NEVER speak to law enforcement if you might be the focus of investigation. As a Former Deputy District Attorney, I have worked with law enforcement, and they just want you to speak with them. And don't think that only innocent people are in jail. For well over 21 years, we have been doing "Pre-Filing Investigations". We speak to law enforcement and our clients DON'T. You should have no further conversations with law enforcement and you should let your attorney do ALL the speaking. I wish you well........David Wallin

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Answered on 3/04/14, 7:56 am
Terry A. Nelson Nelson & Lawless

No one is 'guilty' of a crime unless convicted in court. Your questions makes it clear you do not understand the process, nor your 'rights'.

A little free advice which may already be too late:

When there is any situation in which you are a suspect and questioned about a possible crime and may face charges, 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. Now that you violated that rule and apparently confessed to at least filing a false report, you should remember it if they contact you again.

If and when you are 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? While this isn't a 'capital case', it certainly carries potential �time�, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 3/04/14, 11:44 am


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