Legal Question in Criminal Law in New York

10 yrs ago my brother got convicted of coercion of a minor for sleeping with his girlfriend ( he was 18 and in high school and she was 15 and in high school) Now, his disgruntled Ex girlfriend is trying to get one of her daughters 16 yr old friends to say that he slept with her. ( he is 28 and denies it) His ex and her husband and friends keep sending him texts that they are going to kill him as well as they keep going into his house when he is not home. Finally they chased him through town yelling obscenity at him and he had to loose them on the back streets of town. He is afraid to go to his house ( ex has the key because she is still on the lease) Fearing for his safety my parents brought him to there house ( in another state) The police have called now and want to question him, should he take an attorney with him? They said that he is not under arrest and no warrant is out for him, they just want to talk. Can they talk over the phone since he is no longer in the state or can he give a statement a his local police station? Should he take an attorney with him?


Asked on 7/07/10, 1:09 pm

3 Answers from Attorneys
Raymond Sussman

He should only allow his attorney to speak with anyone about the alleged incident. He should not speak to the police without an attorney.

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Answered on 7/07/10, 4:13 pm

I am dealing with a somewhat similiar case now. A girl accussed my client of kidnapping and robbery. The police showed up to arrest him but he wasnt there. We have text messages showing the girl made it all up and I am working with the detective and it looks like my client will not be arrested.

I do not think the police will talk to your brother on the phone. And they may be looking to arrest him. I strongly advice he retain an attorney to try and prevent the arrest as I am doing in my client's case or at least to schedule a surrender which will be an important factor in his favor when it comes time for a judge to decide what to do about bail. Also, I don't think your brother should speak to the police and certainly not without a lawyer.

I am a former federal and state prosecutor and now handle criminal defense. Feel free to check out my web site and contact me if you are looking to retain counsel.

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Answered on 7/07/10, 4:51 pm


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