Legal Question in Criminal Law in California
Harassment investigation
Today i recieved a phone call from an officer advising me than, i'm being acused of calling an individual and harassing and/or threantening them. I was told that i can get cleared of this charges if i took a polygraph test. Now for harassment charges is this the only way that i can be cleared of the offense or should i even take this charge seriously. I never harass the individual or anything. Should i also take the polygraph test ? Please advise me of what i can do ? So far what they have told me is that i'm being acused and also the individual who is acusing me. Also all they said was i only called via the phone nothing else to harass the person.
3 Answers from Attorneys
Re: Harassment investigation
You should immediately retain an attorney to represent you in this matter. Lie detector tests are so unreliable that they are not admissable in court. Talking to the police is seldom productive for a person that is a suspect in a criminal case. Tell the police officer that you do not want to talk to him until you have consulted with an attorney.
Re: Harassment investigation
There is something very fishy about this. Polygraph tests are inadmissible in court and I have a hard time believeing that a serious police investigation would use one. Also, police rarely give someone an opportunity to clear himself; if they have enough information to make an arrest they go ahead and do it, or at least go to the suspect. My sense is that what they really want is for you to say something which makes their case against you stronger -- which is often what police want when they talk to a suspect.
Hire a lawyer and have her run interference for you. You may still end up talking to the police but she will be able to guide you through the process and object where appropriate.
Re: Harassment investigation
You need a good attorney, and soon. You should NOT speak to police without counsel at any time. Statistically, most people convict themselves when they talk to police and DA's, just trying to be 'cooperative'. Contact me if interested in doing this right.
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