Legal Question in Criminal Law in Florida
not yet charged but scared and don't know what to do
Our 2 year old son just pasted away and now the state attorney is asking question. What happened was completely an accident! We are cooperating with them but now are hesitant because of the line of questionings. They are wanting my boyfriend to do a polygraph. We adore our children and would never do anything to hurt them. Should we seek a lawyer? But if we do will that make us look guilty, we have nothing to hide.We are very saddened at the lost of our son and now to have this to cope with is very overwhelming.We are a young couple and have been together a long time with a 7 year old daughter.The other running through our minds is are we going to lose her.We are to met with the state attorney on12/21/04 at the courthouse. What does that mean?Are they going to charges us with something
3 Answers from Attorneys
Re: not yet charged but scared and don't know what to do
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
I am truly sorry over the loss of your son. The facts you provided are minimal and should remain that way. I would not discuss this matter with anyone including the state attorney without first consulting with a criminal attorney. Be forewarned that any statements to anyone can later be used against you in a court of law.
Although it may be costly to retain an attorney, the alternative may be far worse. From your comments, it is apparent that you fear losing your daughter which must be protected against at all costs. Further, you want to avoid saying anything that might implicate you and result in criminal charges being filed against you or your boyfriend.
Scott R. Jay, Esq., 305-249-8000
Re: not yet charged but scared and don't know what to do
My advice is to speak with a criminal defense attorney IMMEDIATELY. My general advice to all persons potentially charged is to not give statements to law enforcement or anyone for that matter without counsel present or first having cleared the statement. Remember, anything you say can be used against you. This is a serious matter that you need to address AT ONCE. If I am not mistaken you are in the Lakeland area; My firm handles a variety of Prefiling Issues including serious crimes and complex financial matters.
Re: not yet charged but scared and don't know what to do
Sorry about your son. This must be very tough.
Do NOT talk to anyone or take any polygraph exams without an attorney.
Have you seen your daughter's medical records?
Please call me toll free 1-877-793-9290 to discuss how we can help.
W.F. Casey Ebsary, Jr.
Attorney and Counselor at Law
112 South Magnolia Avenue
Tampa, Florida 33606
813.222.2220 Voice
813.225.0202 Facsimile and Data
www.centrallaw.com
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