Legal Question in Criminal Law in California

Re: falsely accused of theft

The old expression, "Hell hath no fury like a woman scorned" comes to mind. This is a very serious turn of events, and I seriously recommend that you talk to a criminal lawyer BEFORE you speak to any cops. You have the absolute right not to talk to them. You also have the right to talk to them with an attorney present, and there are ways to respond effectively to police questioning. You must believe that the cop's job is to get information from you that will substantiate the charges made by the girl (which will be used against you in court). Anything you say that is opposed to what she says will be disregarded, but ANY inconsistency (real or imagined) that comes up in your conversation will be exploited as an example that you are lying. Any effort by you to blame the girl (AKA 'telling the truth') will be attributed to denial and it, too, will be disregarded, or worse, used against you. Cops are professionals and you are an amateur. It is very important for you to be guided by a professional here, and a criminal lawyer is exactly the kind of professional you need. If you'd like to speak with me about this matter, feel free to contact me via email with your phone number and I will call you back. I will be available over the weekend, and I check my email frequently. Good luck. Steve Mandell

Re: falsely accused of theft

Police tell us that 95 percent of people convict themselves in talking to police ["cooperating"]. Use some common sense and hire an attorney to speak for you. Feel free to contact me if serious about protecting yourself.

Re: falsely accused of theft

Thank you for your question, and please allow me to 'chime in' with my suggestions also. I agree with my co counsel that speaking to the police, who are trying to gather evidence to connect you to a crime, is not a good idea. For that reason, you are given constitutional rights, including the right to remain silent, and any criminal defense attorney is going to tell you NOT to talk to the police.

It's best to hire an attorney at this stage to be your contact person with the police and to gather information on what they are being told from this girl, and to defend you by telling your side of the story.

I hope this answer helps you, but if you have any other questions, it's my pleasure to help. Feel free to email me directly at [email protected], and best of luck to you.

Re: falsely accused of theft

With all respect to attorney Steven Mandell, I don't think you need an attorney yet, as long as all you say to the cops is, "I have nothing to say to you without an attorney present." The words "I want an attorney" are magic words in the law, once you say it they are supposed to stop questioning you! Don't go to the police station unless they arrest you, don't open your door to them unless they kick it down, and don't consent to any searches. If you do get arrested, repeat the above mantra, "I have nothing to say to you without an attorney present." Then use your 3 free phone calls to contact a bail bonds person and an attorney, both of whom you have picked out in advance.

I sympathize with your situation -- for some reason screwball accusers like the one you encountered are protected and nourished by the criminal justice system.