Legal Question in Criminal Law in Minnesota
Over a month ago I was in a physical altercation with someone but nothing too major. She filed a police report and not the police have tried to contact by phone twice and I did not call back. Yesterday a neighbor told me they were at my house looking for me when I wasn't home so I called the officer. He said he wanted my side of the story and I told him that I spoke with an attorney who told me not to speak to the police. The officer tried to ask questions so I told him I would like to use my right to the 5th amendment and did not answer any questions. He seemed pretty pissed and said ok and hung up. Do you think that since it has been so long and they are trying to contact me to get my side that they don't have enough evidence so they can't get a warrant for my arrest? Do you think me pleading the 5th will make it so the will be able to get a warrant for my arrest?
3 Answers from Attorneys
You did exactly the right thing. Don't talk to the cops. Consult an attorney if you have any questions. If you get charged make sure you consult an attorney.
Nathan Hansen
651-704-9600
If police and-or prosecutors have enough evidence to charge (accuse) a person with a crime without that person's statement, they may. But they will still want to get a statement from that person, since it will make their case stronger. Sometimes, they do not have enough evidence to charge a person with a crime, unless they can manage to get a statement from that person. In that last type of situation, the person will not get charged unless they do give police a statement. Police will not tell you which situation you are in. In important (to you) cases, you can retain a criminal defense lawyer for pre-charge and investigation-phase representation to go beyond that simple binary analysis (for example, giving police a statement after consulting an attorney with your attorney present, when appropriate.)
The police are not your friend. You most likely will be charged by complaint. Hire an attorney now to run interference for you and be available later. If the cops try to talk to you you can tell them you have an attorney and the must stop questioning.
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