Legal Question in Criminal Law in California

Hi:

I'm on a divorce process. My soon to be ex-wife has an anxiety disorder. She has threatened me to kill me and to kill any possible girlfriend that I might have. I filed a police report for that a month ago. I established that if something happens to me, she is the principal suspect. She didn't leave alone even when I filed a divorce asking for nothing from her except the divorce decree. She even sent me an e-mail telling me that she had a relationship with a crazier guy than she is (two months ago).

Yesterday, October the 9th, I received a call from her. I never answer her phone calls. She left me a message telling me that some of her properties were stolen (we both do photography as a hobby), she says that I was the one who robbed her things. I had a key of her place, but I gave it back to her three months ago, and I certainly have nothing to do with the robbery (if it's true that she was robbed).

I don't really know if she can do anything against me because of that. She called the police and she told them that I had a key, and that I do photography. She told them that it is very suspicious that only the camera stuff was stolen. She told me flat out that it was me who stole her stuff.

I know she only wants to hurt me as much as she can. Is there something I can do to protect myself?

Thank you in advance.


Asked on 10/10/11, 10:15 am

1 Answer from Attorneys
James Bates Law Office of James A. Bates

The first thing to remember is to NOT make any statements to the police. It is legal for them to create ruses to trick you into saying things that can be used against you. For example, they can ask you where you were at the time of the burglary without telling you when it happened. Any answer you give will hurt you. You must reply, "I want an attorney before you question me". They can no longer ask questions at that point. They will yell and scream but don't fall for it. It will eventually come out when the burglary occurred. In the meantime, document where you were at all times, using calendars, phone records and the like. Retain a good criminal lawyer in your area and give him the documentation of where you were at all times so the defense of an alibi can be established once the time of the burglary becomes known.

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Answered on 10/10/11, 1:30 pm


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