Legal Question in Criminal Law in Maryland

My word vs someone else's

A person who was arrested for armed robbery told the police that I knew about it. The police questioned me, and asked me to take a voice analysis test. Since I had nothing to do with the robbery, and did not know about it, I agreed to take the test. I'm now having second thoughts. I don't think it's fair to put me through a battery of tests just because the guy said I knew about it. Can they make me take the test? But more importantly, can they charge me for a crime based solely on the statement of a known criminal?


Asked on 11/06/02, 8:40 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: My word vs someone else's

The police can charge you with a crime based on the amount

of evidence that can fit on a flea's back. However, if they charge you with

insufficient evidence they risk a civil liberty suit or common tort suit for harrassment.

Each and every case is different and the police make a decision to charge based on

a review of the sufficiency of each case. Oral statements are evidence.

Whether you should agree to take the voice test is something that you should talk to an attorney about.

You are not required to volunteer for such test; however, you do not have the type of rights that you may think you have (i.e.,

privacy). Your voice is held out to the public and thus you have no expectation of privacy. Nonetheless, you need not volunteer even though there may be benefits for doing so.

G. Joseph Holthaus III, Esq.

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Answered on 11/07/02, 9:28 am


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