Legal Question in Criminal Law in California

I am being accused of stealing a computer by the Palo Alto police department.

The computer was stolen last year from a Dr.'s office. apparently my name appears on it...I did not steal it but i guess i did use it. I have not been charged but The P.D. are calling me and asking me questions and threatening me with charges...Do I have to answer them or do I have a right to remain silent before being charged with a crime.


Asked on 9/13/09, 5:37 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Not only can you refuse to talk to them, that is exactly what you SHOULD do.

Police are trained interrogators. It's even legal for them to lie to you in order to get information. Here's one of their most common tricks:

"Thanks for coming to speak with us. You're not under arrest, and you're free to go. Any time you want to end this inteview, you can just walk out the door."

They say this so they won't have to advise you of your rights to remain silent and have an attorney present. In fact, they may be planning to arrest you once they have the information they want. The US Supreme Court says it's just fine for them to do this.

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Answered on 9/13/09, 5:47 pm
Brian Dinday Law Offices of Brian R. Dinday

Mr. Marshall is correct. This is a charge that can affect your career and ability to find and hold good jobs for the rest of your life. You should NOT talk to police, but that does not mean you should do nothing. You can perhaps affect whether the D.A. files any charges, if an attorney takes the initiative and contacts them with reasons why not to charge. I litigate many criminal cases in San Francisco and have offices there and in Marin. For more on this strategy, please see these articles on my website.

http://dinday.com/info04.htm

http://dinday.com/results.htm

It is not clear from your question, but did the police take this computer from you? do you still have it? You should anticipate that a search warrant of your home, car and person may be obtained. If so, allow them to enter if they have a warrant, (but do NOT if they don't have one), but SAY NOTHING. Especially not to questions like "Where did this come from?" or "Is this yours?"

Contact an attorney immediately. Good luck

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Answered on 9/13/09, 7:04 pm


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