As someone that has been abused as a child I can tell you it is hard to tell anyone, it's like your still being controlled by them. I'm not saying that this guy did anything I am just telling you its not that easy to come forward. Hell I told my mom and she never talked to me again.

Once a sex crime has been alleged, it's not longer up to the police after they take the initial report of the offense. It is now up to the D.A.'s office to prosecute the claim that the offense was committed. The prosecutor from the D.A.'s office will determine if they have enough evidence to proceed. The word "Evidence" takes on many meanings. Just the mere statement from the alleged victim is evidence, and if convincingly enough, can be enough to get a Grand Jury indictment against you, and having a felony warrant issued for your arrest. Make certain that you have already retained legal counsel. I cannot stress this enough. Don't just call around. GET LEGAL REPRESENTATION NOW! 

You have already been contacted by law enforcement on a matter that can and will change your life forever. This is not the equivalent of a red-light ticket where they contact you to have you pay the fine. what you will pay all of this with if you screw around, is with time from your life from sitting in prison.

As the others have already told you, do not talk to anyone at all about any part of this allegation except your attorney. Do you understand what I mean here? DO NOT TALK TO FAMILY, FRIENDS, ANYONE! All of these people can be subpoenaed and forced to testify against you to reveal any and all statements you have made to them regarding this. Talk to legal counsel ONLY!

I'm not at all an attorney, nor do I play one on TV.  Or anywhere else.

But as a matter of fact, if there's no evidence against you, and no witness beyond the alleged victim, who's waited 12 years to come forward with her story, then there's no case against you.  No jury would convict someone only on the testimony of someone who sat around for a dozen years before reported a supposed crime.

The police, of course, have to take the accusation seriously and investigate.  But if there's no evidence, they can't prosecute you.  If, however, you're dumb and go making statements to the police, even if you're totally innocent and tell the truth, it can only hurt you; it can't possibly help.  So don't.

AccusedGuy wrote on Mar 6^th, 2009 at 3:33pm:


I think that these are questions that you had best discuss at length with a competent criminal defense lawyer.

From listening to you guys comments and expertise, I just called the police and told them im not coming and will not say anything to you guys without a laywer... She said" mmmmmmm ok, what is your attorneys number?" I said I called a few (which i did) and got some advice from them.....

What i sthe next step for me to do?

What can the police do to me as of now?

If there is NO EVIDENCE OR A WITNESS in this matter, will this blow over so I can stop stressing it now?

Thanks in advance

I guess from your post you are not in NJ. if that is the case the police may be trying to lure you into the state to arrest you and avoid the problems of extradition.  the bottom line is statements from your family will have little impact on the investigation.  you should probably avoid any more contacts with the police. it would be wise to call and tell them you are not coming in on advise of your attorney

gary davis

well i was suppose to go tomorrow to New jersey and put my statement in, but as listening to you guys it makes sense.... So tomorrow morning I am calling the detective and telling her that I am NOT COMING to NJ without a lawyer present!!!

Quote:


NO to Cullen about the detective asking me to take one. My mom gave me the heads up... It is all she said i did this and that to her where as I was NEVER ALONE WITH THIS GIRL AT ALL!!!

AccusedGuy,

The answer is no! 

DO NOT TALK TO THE POLICE ABOUT THIS. 

Watch the two videos George has provided. You have both a law professor and a police detective telling you these things. Listen!

Have you ever watched COPS?

"Anything you say can and will be used against you in the court of law."

It's true!

The 5th amendment exists to protect you. Don't flush that down the drain.

Quote:


Have you been formally charged?

You don't have to make any statement at all. 

The only reason they want to polygraph you is so they can interrogate you, under duress, in an attempt to see what they "can get out of you".  There is no scientific validity to the polygraph.  Though there is "utility" if the person subjected to it is dumb enough to believe the machine can actually detect lies.  Which it can't.

It's an interrogation tool, meant to intimidate you, and benefit them!  A person can NOT be legally forced to take a polygraph, but they CAN be court ordered to provide a DNA sample.  That should tell you something!   

What exactly have the police told you about taking the polygraph?  Did they say they need you to take to prove your innocence, or eliminate you as a suspect?

TC

but I should at least put my statement into them at least right? and refuse the poly test?

I dont even have money for a laywer with my financial situation right now...

This girl talked to a cop in new jersey and i reside in pa... 170 miles away!!! I use to live in new jersey 11 yrs ago...

AccusedGuy

Some states still maintain a statute of limitations of 7 years. Some have done away with that statute and you can be charged with a sex offense 40 years later. You need to check the laws in your state. I believe it would be hard to get a conviction 12 years after the fact without an admission of guilt. It has happened though.

Take George's advice and decline the poly.

AccusedGuy,

Not only should you not submit to any kind of lie detector test, you should not provide any statement to or even speak casually with any police officer regarding these allegations. You are suspected of a major felony. The police are not trying to help clear you. They're trying to build a case against you. Even if you are innocent, as you state (and I am not questioning), you have nothing to gain -- and potentially much to lose -- by speaking with investigators.

Please see these presentations by law professor James Duane and police interrogator George Bruch on why you should refuse to speak with the police and get a lawyer now:

Hello,

I am being accused of a crime i did not commit. I am accused of molesting an 8 yr old girl 12 yrs ago!!! Now, my family already went down to the police station and gave statements to back me up because it is a lie. My mother told me that before going down there prepare to take a "test".. I said why? I didn`t do anything...

Here is my question(s)?

1). If my family already gave statements on my behalf saying that i didnt do it, i was not alone with this girl at all  and also this "assumption/lie" is 12 yrs old, why now is she claiming i did something to her?

2). How long can a person file a "charge" on anything on anyone before it is dismissed?

3). I was told by the detective that i would come in a give a statement on this incident and nothing more.. I was told by my mom that she will do a "test" on you. tests take a minimum of 1 hr to conduct. not doing it as i was only told of making a statement...


Anyone with answers for me...

Thanks