There is a detective who keeps coming to see me at my house. She said if I didn't get in touch with her that she would issue a warrant for me. I don't know what it is in reference to but I do have a good idea. What questions should I answer? How should I go about the whole conversation. I pretty much know that this has to do with a friend of mine who use to work at the bank and got fired for making illegal withdrawals and forging signatures on the back of checks and cashing them out. Some of the stuff I knew about and would be there when she did it. But some of the other stuff I had no idea about until later. What should I do? I have to go down to the precint tonight and talk to the detective, or she will issue a warrant for me**************.NY
Answer no questions. None. At all. "Come in & talk or I'll arrest you & drag you in" is a common police intimidation technique where they get you to "voluntarily" come in and answer questions before they have to read you your Miranda rights. The non-Mirandized statements are admissible & you end up convicting yourself.
Hire an attorney. If you can't get one by tonight or can't afford one, call the detective and say, "I am taping this conversation. I won't be able to come to the station tonight because I have not been able to obtain counsel. I will not speak to you without an attorney present." Then hang up. Use the memo button on the answering machine to record you message. Save the tape. You can also insist on a daytime meeting if your attorney can only make a meeting then (or wll charge extra for after-hours work).
Those are your only words: "I will not speak to you without an attorney present." Say them into the mirror a few times until you can rattle them off without thinking. If the cops don't immediately get you a lawyer, leave. The only time they can ignore a request for a lawyer is if you are not in custody & are free to go. Once they stop you from leaving, they HAVE to get you a lawyer.
Don't let the cop try to trick you into talking with crap about how she can't help you if you get a lawyer. Cops have no power to help you. Only the DA can do that. Since you're a witness, the DA may want your testimony agaisnt your friend. Your lawyer will get you immunity from any charge of accomplice liability in exchange for your testimony.
Tape any conversations you have with the cop. Don't allow her into your home without a warrant for any reason.
Don't worry about an arrest. If you need a PD, you have to be arrested before NY will give you one. Just tough it out.
Don't talk about the facts of the case to anyone other than your lawyer, including the people on this BBS. If the cops seize your computer & find traces of emails/postings in which you make incriminating statements, they can use those in court.
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
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