Legal Question in Criminal Law in California

investigatory criminal interview

being interviewed for alledgedly

introducing marijuana, cell phones,

tobacco, alcohol into the prisonthat I

work at. I work for the Calif Dept of

Corrections & Rehab, prison is in

Lancaster CA. Internal Affairs wants

to interview me. I believe this is a

witch hunt initiated by a few

correctional staff with help (lies) from

inmates.

I must take a legal rep or paralegal,

but do not know what to think. I

have worked at this prison since

11/1994. I am a Library Tech and

unsworn employee that run the

library on the minimum level I yard.

Can I claim the 5th and how long do

I have legally to get a legal rep. I fear

further retaliation/set-up, but can't

afford to be off work.

Interview was 8/29/07, but I had to

ask for to reschedule since I got

memo on 8/28/07. Union CSEA I

belong to and pay dues to does not

provide lawyers for criminal matters.

Can I be fired for hearsay?


Asked on 8/29/07, 11:22 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: investigatory criminal interview

Even if your union does not provide lawyers for criminal matters, the contract it negotiated with the Department of Corrections and Rehabilitation governs the circumstances under which you can be fired. You may want to discuss that particular question some more with your union rep.

What you have been accused of doing is not merely a potential grounds for discipline from your employer. It is also a *VERY* serious crime. You should be much more concerned about the risk of being prosecuted and imprisoned then about whether you will lose your job.

Statements you make that this interview may be used against you in a subsequent criminal prosecution. Even if you are innocent, you may inadvertently say things that make you seem guilty and may answer questions which you are not legally required to answer. Hire a lawyer, consult with her beforehand and bring her to the interview.

This may be the most important conversation of your life. If you don't want to spend a significant portion of that life on the other side of prison bars you need to get a lawyer ASAP.

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Answered on 8/29/07, 11:59 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: investigatory criminal interview

I am sorry to hear of this very serious matter. It goes beyond your termination. You may possibly be charged with felonies as you well know. The fifth amendment is usually reserved for trial testimony. You will need an attorney to instruct you properly at the interview. Contact me directly 19 years experience.

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Answered on 8/30/07, 1:15 pm
Terry A. Nelson Nelson & Lawless

Re: investigatory criminal interview

It may be a 'witch hunt' but you'd better take it seriously, and you'd better consult with counsel before saying, doing, or agreeing to anything. Your attorney can tell you what to do, AFTER he thoroughly reviews the case and evidence. Feel free to contact me if you want legal help in this.

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Answered on 8/30/07, 1:49 pm


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