In California if someone committed either credit card fraud or identity theft over 2 years ago and a detective calls now asking to come and meet with them, should they go to the meeting? The detective stated on the phone that he just wanted to talk, that he promised he would not be making an arrest and that he just wants both parties to agree to restitution. He is threatening a warrant if the person does not talk to him in person.
3 Answers from Attorneys
Get an attorney. Don't talk about the case with the detective until you have talked to a criminal defense attorney. Don't talk about the case on the internet.
Under no condition should you speak to the investigator without your attorney being present. Your words will be twisted. You will be set-up. Your words will be used to convict you. Get an attorney immediately.
A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. Police lie, to get confessions and evidence.
When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential ‘time’, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I’ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
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