Legal Question in Criminal Law in California

Fraud and/or Forgery

At what point, can police investigators, interogate you, ask for writing samples, ect....just because someone came, to them for fraud/forgery/crossingstate line w/forgery..you are innocent, but they've named you as the suspect, because they've always hated you and are jealous of you, and have always tried to cause you grief for the past 10 years..but have told police by making up lies, ect. that they feel your the suspect for this. Can people just name anyone they want, make up a few lame stories, to make police investigate, and causing embarrassment,& stress on the innocent???? At what point, does the innocent, have to abide by all these requests being asked? How much....probable cause, does police have to have, before your forced to indulge in all these waste of time tactics....if your innocent?? What right does that victim have, to continue putting the innocent, through this?? (being questioned? is understand- able....but having to go places & do writing samples, ect....can they do that, and if so......what cause would they have to at least have....before the innocent person....."has" to go do all these things??) there's no proof, because i am innocent. what is it, besides proof, they need, before forcing this garbage?


Asked on 3/20/98, 10:35 pm

2 Answers from Attorneys
Richard Bonner Richard Bonner & Associates

Rights re: interrogation & rights re: response

First of all, you always have the right to remain silent as guaranteed under the 5th Amendment to the Constitution. You can never be compelled to speak with law enforcement about a crimininal matter. Previous to the filing of a criminal case, this right extends to "acts" which are tantamount to speaking, such as giving a handwriting exemplar. Despite demands from law enforcement, you do not have to comply. The only exception to this rule is if there has been a filing of a criminal case against you in court. In such a situation, a court (not the police) can order you to prepare an exemplar. --- But until such an official order exists, you need not comply with such a request from police.The second part of your question seems to focus on when police may investigate. A practical response would be "whenever they have a rational basis to do so." If they have a report of a crime and information that you are involved, they would not be acting responsibly if they did not investigate.

Read more
Answered on 4/01/98, 8:29 pm
Larry Bruce Larry B. Bruce Attorney At Law

Required to provide writing sample

I suppose the easy answer is that when oneknows that one is innocent, why not just providethe writing exemplar and be done with it. Thatanswer doesn't really address your concernsnor does it comport with my usual advice as adefense attorney.

You use the expression "how much probable cause"and that question misapprehends the point.Probable Cause means fifty one percent certaintythat a person is guilty. But the police neednot have probable cause to question someone.They need only want to. You need not sit downand answer them. And although the law requiresthat an arrestee provide a writing exemplar,the only way they can enforce it is by CourtOrder which will not be granted if the policeare merely on a fishing expedition.

Talk to a lawyer. Follow the advice you aregiven. Don't ad lib this situation. Good Luck.

Read more
Answered on 4/05/98, 3:54 am


Related Questions & Answers

More Criminal Law questions and answers in California