Legal Question in Criminal Law in California

Suspect Rights during an investigation

If the police are conducting an investigation that is inconclusive, meaning they cannot come up with solid evidence that confirms the accusers' allegations, or clears the accuser, but they tell you that they will have to forward the case to the city atty.'s office if you do not wish to try and ''set up'' the accuser by staging a phone call, to prove that they are lying, and you refuse to take a polygraph, what does that mean? Will the alleged suspect then be placed under arrest, or is it up to the city atty. to decide if they want to pursue the case? Please advise.


Asked on 10/19/07, 4:16 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Suspect Rights during an investigation

What it means is that you'd better get the advice of your own legal counsel before saying or doing anything. You sure better not rely and depend upon some free 'advice' over the internet from someone not completely familiar with all the facts and evidence. What you get here is NOT legal advice, but generalized opinion.

That being said, if the police and prosecutors think they can arrest and successfully charge you, they will; and they're free to mislead you to get admissions and evidence from you that could convict you. Have you never seen TV or a movie where people learned the hard way not to talk to police without an attorney?? There is a real good reason for that. The police and prosecutors really aren't stupid like some people think. If they were, no one would ever be in jail or convicted, right?

If you face criminal charges in SoCal courts and are serious about getting counsel, feel free to contact me.

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Answered on 10/19/07, 5:48 pm


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