Legal Question in Criminal Law in California
Harassment investigation
Here is my siuation i was advised by a police officer that my phone number has came up on the person filing a harassment. They have advised me that they are willing to clear up the situation if i would take a polygraph test. They have advised me that they can schedule one this thursday or may next which every one will work. I know this people that are accusing me and all they have is my number from the telephone company. They said that all the calls that they recieved were blocked so they had called the telephone company to have them unblock it. The police officer gave me the option to take a polygraph test to clear the situation. The officer asked also if anyone has access to the phone and advised him that a while back that i lost the phone and also not thinking cleared said that i don't believe anyone else has access to the phone not thinking that i leave my phone laying around at work. My answers was because i was also trying to concentrate on driving and also had been shock of the charge. They had advised me that they could pick me up right now but think i would not preffer that and also spoke about the option of the polygraph test. Is this something that i should be concern since i would have been arrested if they had a case
2 Answers from Attorneys
Re: Harassment investigation
You have nothing to gain from taking a polygraph test. Say nothing to the police except that you want a lawyer before any questioning. Do not voluntarily go to the police station. Do not consent to a search or let the police into your home.
Re: Harassment investigation
You have already said too much to the police and have given them evidence they would not have had otherwise. The more you talk to them, the rope you will give them with which to hang you.
Get a lawyer before you say anything more to the police. If they call again, politely tell them you have been advised to get a lawyer and that you will speak with them after you hire one. They will try to persuade you that getting a lawyer will only make things worse for you, but don't be fooled by this line.
If the police arrest you, invoke your right to remain silent and tell them you want a lawyer.
And don't submit to a polygraph test unless your lawyer agrees -- which she almost certainly will not.
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