Legal Question in Criminal Law in Ohio

To give or not to give a written statement

I am an OH (non-criminal)attorney handling a sexual harrass. case against my client's former employer (''FE''). Two days after the complaint was served, the FE filed a police report alleging that 1 yr. ago, my client stole property from the FE. Convinced that the allegation is false and concluding that the report was filed in an attempt to make the civil case go away (in part because the FE does not want certain information requested in discovery to ever see the light of day), I allowed my client to meet with the officer assigned to the case (in my presence). I did this only after the officer showed up at my client's new job (she was not there) and after being told by the officer that charges would be filed if they did not hear her side of the story.

The meeting with the officer went well, and he stated that he's inclinded to believe my client, admitting that certain allegations of the FE don't entirely add up. But, he stated that he must still present it to the prosecutor and requested a written statement from my client. Q: should I allow my client to provide one? (keeping in mind that this prosector's office is notorious for prosecuting everything but I cannot think of any benefit in providing a statement).


Asked on 5/16/05, 10:37 am

1 Answer from Attorneys
Daniel Dismuke Daniel K. Dismuke, Attorney at Law

Re: To give or not to give a written statement

Since your client has already spoken to the officer as you stated, I do not see any benefit to providing a written statement. If the prosecutor does pursue charges, the written statement just gives the prosecutor something to knit-pick. At trial the prosecutor will crow about the most insignificant differences between testimony and the statement.

The prosecutor will believe what you client told the officer or the prosecutor won't. I believe a written statement can only hurt your client at this point.

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Answered on 5/16/05, 1:30 pm


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