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Do I have to talk to a detective?

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AnnoyedinNC

Junior Member
What is the name of your state (only U.S. law)? North Carolina

I called the police after an altercation with a male (I am female) at my home. I called because he refused to leave. I gave my statement to the officers that responded and no charges were filed. Now, months later I am being contacted by a detective for more information. I do not wish to add anything to my statement from the night of the incident and so I would like for the detective to stop contacting me. Am I obligated to talk to the detective? Is there any way to get her to stop contacting me?
 


tranquility

Senior Member
No, you do not have to talk with the detective. Your case might very well be dropped if you do not. What is your fear? Are you worried about him getting in trouble? Are you worried about you getting in trouble as the statement was not quite correct? Why do you not want to talk with her?
 

justalayman

Senior Member
Is there any way to get her to stop contacting me?
usually:

stop contacting me

works for most people.


the issue in your case is that you are apparently a witness. While they cannot generally require you to speak with them prior to court, they can subpoena you as a witness if the other party is tried in court.

they may threaten you with obstruction of justice though. If they toss that out, time to speak with a lawyer and when making that determination, tell the police you are now seeking a lawyer and once one is engaged, only then will you communicate with them again.
 

Ladyback1

Senior Member
What is the name of your state (only U.S. law)? North Carolina

I called the police after an altercation with a male (I am female) at my home. I called because he refused to leave. I gave my statement to the officers that responded and no charges were filed. Now, months later I am being contacted by a detective for more information. I do not wish to add anything to my statement from the night of the incident and so I would like for the detective to stop contacting me. Am I obligated to talk to the detective? Is there any way to get her to stop contacting me?
You do realize that whether the person was arrested that night or not, there could have been charges filed? And the prosecuting attorney could now be getting ready to try the case. Whether you filed the charges, you were the complainant (and witness), and as such, the detective may need clarification on your initial statement.

In most, if not all states, the complainant in a domestic dispute does "press charges" anymore. Police are called. Police right up a report. Report is given to prosecuting attorney's office. PROSECUTING ATTORNEY decides on what charges are filed.

And a side note: If you choose to be non-cooperative in the investigation, it will do you no favors in the long run.
Let me guess, the male apologized, bought you flowers/stuffed animal/etc. and said it would never happen again?
ummmm....it will happen again.
 

AnnoyedinNC

Junior Member
What is your fear? Are you worried about him getting in trouble? Are you worried about you getting in trouble as the statement was not quite correct? Why do you not want to talk with her?
I was intoxicated the night of the incident and I have not viewed the police report so I'm not exactly sure what is in it. I absolutely do not want to accidentally contradict anything contained in that report because it's been months and my memory isn't that clear. Furthermore, I do not want to go to the police department to obtain a copy of the report because I fear that I may be ambushed by the detective there.
I know that police are trained to manipulate situations to obtain information and evidence and, because I have an anxiety disorder, this sort of interrogation is particularly stressful and unhealthy for me.
My major concern is that the detective is going to show up at my place of employment and cause me to be fired. She's already come to my apartment and spoken to my neighbors. If she creates a nuisance to my neighbors on my behalf, I can also lose my apartment.
 

AnnoyedinNC

Junior Member
You do realize that whether the person was arrested that night or not, there could have been charges filed? And the prosecuting attorney could now be getting ready to try the case. Whether you filed the charges, you were the complainant (and witness), and as such, the detective may need clarification on your initial statement.

In most, if not all states, the complainant in a domestic dispute does "press charges" anymore. Police are called. Police right up a report. Report is given to prosecuting attorney's office. PROSECUTING ATTORNEY decides on what charges are filed.

And a side note: If you choose to be non-cooperative in the investigation, it will do you no favors in the long run.
Let me guess, the male apologized, bought you flowers/stuffed animal/etc. and said it would never happen again?
ummmm....it will happen again.
I was asked that night if I intended to pursue criminal charges and was offered a ride to the police station to file them. Surely, I would have received a notification by mail if charges had been filed on my behalf.

And no, I have not had any contact with him since the incident. My concern is not him, it's the negative effects that this is having and could have on my life.
 

Zigner

Senior Member, Non-Attorney
I was asked that night if I intended to pursue criminal charges and was offered a ride to the police station to file them. Surely, I would have received a notification by mail if charges had been filed on my behalf.

And no, I have not had any contact with him since the incident. My concern is not him, it's the negative effects that this is having and could have on my life.
Charges don't have to be filed "on your behalf". That State can file them on its own initiative.
 

Ladyback1

Senior Member
I was intoxicated the night of the incident and I have not viewed the police report so I'm not exactly sure what is in it. I absolutely do not want to accidentally contradict anything contained in that report because it's been months and my memory isn't that clear. Furthermore, I do not want to go to the police department to obtain a copy of the report because I fear that I may be ambushed by the detective there.
I know that police are trained to manipulate situations to obtain information and evidence and, because I have an anxiety disorder, this sort of interrogation is particularly stressful and unhealthy for me.
My major concern is that the detective is going to show up at my place of employment and cause me to be fired. She's already come to my apartment and spoken to my neighbors. If she creates a nuisance to my neighbors on my behalf, I can also lose my apartment.
Then tell the detective that! "I was drunk and don't remember much". And you can also tell her you have an anxiety disorder and would prefer that she schedule a time to discuss with you the incident, as well as providing you with a copy of the report.

Ignoring it won't make it go away.
Tell the truth.
 

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