Police investigation procedure - close case - false sexual assault allegations

[sunshine12345]

What is the name of your state? Nevada

Investigation procedure question:

A false sexual assault charge was filed against me in May 2007.
False charges of date rape drugs and sexual assault, an act of revenge.
They are false, the police I believe do understand this due to the circumstances.
The detective told me in January 2008 that the case was "basically suspended" until there might or might not be some more information available in the case.
Detective told me he would not do anything in the case without first consulting my lawyer.

So this is good.

But, it has now been almost a year without anything happening.

My question is about the police detectives procedures and MO in such a case;

How should I interpret the case being "basically suspended". Is that the way it works?
Can I trust it when he says he will not do anything without first consulting my lawyer?
(My fear would be that some evidence might be fabricated and an arrest warrant suddenly issued, say while I am traveling.)
Does the police ever "close" cases of sexual assault so that I personally can consider this closed and over with?
If so, how long does it normally take for a case to be closed?
Or do the police just file charges away, still open, so I just have to live with it being around?

Any advice much appreciated - thanks!What is the name of your state?What is the name of your state?

[CdwJava]

Originally Posted by sunshine12345

How should I interpret the case being "basically suspended". Is that the way it works?

That effectively means that they have suspended the case pending additional leads. What those might be or how likely those leads might be to surface is anyone's guess.

Can I trust it when he says he will not do anything without first consulting my lawyer?

That just means he won't talk to YOU first ... that does not preclude the agency from looking into the matter without your knowledge.

(My fear would be that some evidence might be fabricated and an arrest warrant suddenly issued, say while I am traveling.)

Why would they fabricate evidence?

If they can build a case, and the DA feels it is sound, they might seek a warrant. There is no way you can prevent that.

Does the police ever "close" cases of sexual assault so that I personally can consider this closed and over with?

Yes they do.

If so, how long does it normally take for a case to be closed?

Some never can be. I'd say about half of those in my agency are "Inactive" because we can neither prove nor disprove the sexual assault. While these are "closed" for all intents and purposes, there is nothing preventing them from being opened. For that matter, there is nothing preventing an officially "closed" case from being re-opened.

Or do the police just file charges away, still open, so I just have to live with it being around?

Yep. You'll have to live with it being around.


- Carl

[sunshine12345]

Thanks Carl, much appreciated.

I do not think the police would fabricate evidence, but the accuser could perhaps fabricate something. That's just a wild card i guess.

Is "suspended" or something thereof a legal status of a case? So I can regard it as "suspended"?

If a case is suspended. Does that most likely mean that it will remain suspended if nothing new comes up?

My lawyer advised me to do nothing, say nothing, I guess that is good advice.
But, is there anything I could do or provide the detective that would decrease the likelihood of this going to the DA and charges pressed?

I live abroad, and I have been uncertain about traveling to the US because of this.
My fear would be that suddenly there was an arrest warrant.
Would an arrest warrant from Nevada be valid in Florida, New York at immigration?

Thanks for being frank about just having to learn to live with it.
That is what I have to do.
That will take a bit of mental work.
Would you have any suggestions for how to personally deal with this?
Is there say a good book called "How I learned to live, and move, on with the false accusations against me."?

Again, much appreciate your answers.

[Raptoer]

If an arrest warrant was put out for you, and you entered the US, you could be caught in customs and extradited to Nevada. Additionally if an arrest warrant was put out for you, you could be arrested in whatever country you're living in and be extradited to Nevada.

[CdwJava]

Originally Posted by sunshine12345

Is "suspended" or something thereof a legal status of a case? So I can regard it as "suspended"?

It's more or less an internal status. There is no real legal status for investigation - at least not in the way you are thinking of it.

If a case is suspended. Does that most likely mean that it will remain suspended if nothing new comes up?

Most likely.

But, even cold cases come up for periodic review. Depending on the nature of the case and the agency, someone may conduct annual reviews of closed or suspended cases to see what might be done to revive it to bring about a conclusion one way or the other.

In short, there is NO magic guarantee that will forever make it go away.

My lawyer advised me to do nothing, say nothing, I guess that is good advice.

Probably so.

But, is there anything I could do or provide the detective that would decrease the likelihood of this going to the DA and charges pressed?

Unless your attorney recommends it, i wouldn't do or say anything.

I live abroad, and I have been uncertain about traveling to the US because of this.

Well ... this could be why the matter has been suspended. And, of course, while you are outside the jurisdiction, the statue of limitation for the crime will generally not run so they have a lot more time to make their case.

Would an arrest warrant from Nevada be valid in Florida, New York at immigration?

If Nevada requested extradition, yes.

Would you have any suggestions for how to personally deal with this?

Try not to stress over things you have no ability to control. To stress over this is akin to stressing about whether the sun will rise tomorrow.

Is there say a good book called "How I learned to live, and move, on with the false accusations against me."?

Who knows? There just might be.


- Carl

[sunshine12345]

Thanks again Carl, much appreciated.

I will try not to stress about the things I can not control.
I can however control when I will enter the USA again.
My local lawyer tells me there is no way I could be extradited from here on such a weak accusation, absolutely no way.
But, I currently have business in the US, and am stalled to go because of this.
I have to get a grip on any possible risk, just so I know what I am doing.
I therefore need to personally get a grip on how severe any risk is, objectively speaking.

From what I can see the case is very weak, and I believe it can go nowhere.
But who knows, perhaps this person say took my innocent hair on my car seat and provided this as DNA evidence for wrongdoings to the police, or something far out.

Would there be any available statistics on these matters?
Is there say an approximate figure on how many such filed cases that the police sends to the DA? Like 10% 50% or the like?
Is there an approximate figure on how many cases the DA actually prosecutes on?
Is there any statistics on how many prosecuted cases end up in conviction?
This could perhaps give one some idea of the actual risk.


Can we say something like: "The threshold for the police to send a filed case to the DA is high. The DAs threshold is also high. Therefore, pretty much only solid cases ever go to court."
Or is this closer to the truth: "The threshold is low. The police and DA are extremely aggressive in cases filed on sexual assault and will prosecute on the slightest sliver of proof."

Thanks again.



Anyone facing such false accusations need legal counsel and probably counsel on a more personal level. For the second I don't quite see where to turn.
Here is some humble advice I just gave another person on the forum with a similar problem:

You might just have to learn to live with it.
Say nothing or be plain frank about it if confronted "I was accused of something that simply is not true, the case is closed. The person is confused, one has to feel sorry for her/him. There is nothing else I can say. This could happen to anyone."
If you have counter proof, use it carefully and selectively in private (don't do it public or give it out) on a one to one basis, this can prevent rumors from escalating.
Striking back will strike back again at you, think twice before doing that.
Yielding is the way of the Tao.
Read the "Tao Te Ching" and the "I Ching".

[CdwJava]

Originally Posted by sunshine12345

My local lawyer tells me there is no way I could be extradited from here on such a weak accusation, absolutely no way.

I don't know how he can make a conclusion on a case that has not yet been articulated. He doesn't know WHAT the accusation might be IF it is ever made.

But who knows, perhaps this person say took my innocent hair on my car seat and provided this as DNA evidence for wrongdoings to the police, or something far out.

It doesn't work that way. The police don't just accept a hair from someone and their statement about where it came from.

Would there be any available statistics on these matters?
Is there say an approximate figure on how many such filed cases that the police sends to the DA? Like 10% 50% or the like?

That would be all over the ballpark. Anyone can file crap with the DA and of course it won't get pursued by the DA. However, most cases involving serious accusations are not going to be forwarded to the DA until the police believe they have a case they can support. But, it is also the practice in many areas to send even junk cases to the DA for evaluation.

Is there an approximate figure on how many cases the DA actually prosecutes on?
Is there any statistics on how many prosecuted cases end up in conviction?

If there are I am not aware of them. They would vary by jurisdiction, state, and region anyway.

This could perhaps give one some idea of the actual risk.

A percentage does not adequately reflect the risk YOU might face since it doesn't take into account the details of YOUR potential case.

Can we say something like: "The threshold for the police to send a filed case to the DA is high. The DAs threshold is also high. Therefore, pretty much only solid cases ever go to court."
Or is this closer to the truth: "The threshold is low. The police and DA are extremely aggressive in cases filed on sexual assault and will prosecute on the slightest sliver of proof."

Either one could be the truth. For my county the former is true ... for other counties and states the latter could be true.

- Carl

[sunshine12345]

I recently heard an old response tactic for accusations stemming from a roman senator.

What do you say when a scandal hits?
"It is not true." "It is not true." "It is old news."

So to anyone reading this who has been falsely accused:
Go out strongly right away and say "It is not true."
Don's say more, don't explain.
Just keep repeating "It is not true."
After some time has passed say "It is old news."
Repeat this every time. "It is not true." "It is old news."

[xylene]

Do you have evidence the claim of sex assualt is demonstrably fasle. Like an independent verifiable alibi, or is the accusing side simply suffering from lack of evidence to make the case?

Has your lawyer discussed a civil counter-suit given the malevolent intent of these false accusations?