Speaking to police w/o an attorney

[bbluesguy]

What is the name of your state? NC

I am currently a suspect in a criminal investigation. This basically stems from a (very serious) acquisition by an individual identifying me as having done something to them. The charges are quite false, and my wife can provide an alibi for me as the incident supposedly happened in our home, and I was never alone with this person the one time they were here. And as a footnote, it was supposed to have happened over 3 1/2 years ago.

The police would like to meet with me. Should I go with my wife (no attorney) to provide the alibi, just with my attorney, or both?

I ask about the attorney as I somewhat get the impression my attorney would almost like to see charges filed so he can defend me.

Also any other thoughts on how to deflect this so I can avoid be charged at all?

 

[dequeendistress]

It sounds to me like a molestation accusation or something along those lines.

Have you been charged with a crime?

Why are you going to talk to the police? I am sure the investigator is not inviting you for coffee. You have the right to decline the invitaion. But this does not apply if you have been asked to come in for questioning as a direct result of charges filed against you. Or are you going to fill out a depostion?

You also have the right to have an attorney present. I would exercise my rights.

 

[bbluesguy]

I am speaking with the poilce becasue they have asked me to. I would expect they would want to hear both sides before deciding to persue the case, especially something that old? How else can I offer up my alibi? My guess is that by not speaking to the police, they will very likely file charges.

A police report has been filed, but no charges - so far as I know. And come to think of it, how would I know? The officer did say no arrest warrants had been issued, and he indicated that I did not have to come down and talk with him if I did not want to. I just want avoid getting charged if at all possible - what is the best course of action for this?

 

[dequeendistress]

the police are required to follow up on reports.

If they feel that the complaint/report is founded they will process them with the city or district attorney.

What did your lawyer advise you to do when you asked him/her? You stated you have a lawyer, have him/her meet you at the police department and provide your statement.

 

[calatty]

The police do not want to talk to you to determine whether to file charges. They are going to interrogate you to get you to confess. They don't care how old it is if the statute of limitations hasn't run, and they have no decisions to make because a victim's word alone is sufficient to convict. NEVER speak to the police without an attorney present, particularly if you are the subject of a criminal investigation. Think Miranda rights: you have the right to remain silent, and anything you say can and will be used against you in a court of law. You have the right to have an attorney present before and during questioning.....