Legal Question in Criminal Law in California

Re: stealing money and being questioned

The ONLY advice you should expect to get from here or elsewhere is to exercise your 5th Amendment rights to SHUT UP, and hire an attorney to speak for you. You face charges that could put in in jail/prison, and most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative'. Unless you know how to effectively represent yourself in court, hire an attorney who does. If this is in SoCAL, and you�re serious about hiring counsel, feel free to contact me.

Re: stealing money and being questioned

If you go down to the station to "speak with the sheriff," you won't be given your rights. They won't have to tell you you're about to incriminate yourself by making a statement. They won't have to tell you you can have an attorney present.

Why? Because you're not "in custody" when you're being asked questions.

Just because they didn't read you your rights doesn't mean they can't (and WILL) use the statement against you. Anything you say - ANYTHING - can be used against you. Any admission of possessing the card, using it in the past, knowing the PIN... ANYTHING can be used to link you to a criminal offense. Depending on specific facts of the case, it could be anything from a misdemeanor theft/fraud charge to multiple felony counts of burglary and grand theft.

Even if you did absolutely nothing wrong, going to answer ANY questions without consulting a criminal defense attorney is a huge mistake with what's at stake.

Re: stealing money and being questioned

It seems to me that your father in law told the police a different story since you are being investigated. If that is so, you should not talk to the police without a lawyer present. Their game will be to trip you up, twist your words and use anything you say to build their case against you.

I would call a couple of attorneys to see what they can do for you in your specific situation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: stealing money and being questioned

Don't speak to the sheriff. If you don't think you can not speak to the sheriff, and there are some people who have a problem doing this, get a lawyer.