Legal Question in Criminal Law in California

part 2 -Questioning from a Detective at work

I felt like I had to talk to him, he insisted. Now HR wants a meeting with me. Was what he did legal?

Thank you so much for the fast reply.

I'm an aide in a handicapped classroom. During class the other day myself another aide and the teacher were questioned by a Detective about abuse allegations made against the teacher. Before I went in to talk I asked to have a union rep with me and the detective wouldn't let me.

Thanks! Kiddoadvo


Asked on 3/10/09, 10:32 pm

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: part 2 -Questioning from a Detective at work

You do not have any legal duty to respond to any questions or requests for interviews from the police - period - regardless whether the investigation relates to you or someone else. If you think you might be implicated in wrongdoing yourself - seek confidential advice from a lawyer.

Similarly, the detective can set his/her own rules about how he wants to go about interviewing witnesses in this particular situation. You can always diplomatically yet firmly inform him that you decline.

I do not think the issue here is what is or is not legal. Rather, the question is whether you want to cooperate in the investigation and what kind professional repercussions you are likely to incur if you do not. Aside from the question whether you might be implicating yourself by talking, the other big question is whether your employer will retaliate against you if you do not.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 3/10/09, 11:06 pm


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