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[–]Great_Space_Gonads 36 points37 points38 points 10 years ago (0 children) | Copy Link
Don't talk to the police without a lawyer. Period.
[–]user1492 20 points21 points22 points 10 years ago (4 children) | Copy Link
I have to talk to a detective on Monday about it
No you don't. The police cannot make you come in to talk to them. They can arrest you, but they cannot make you talk.
Have you ever heard the Miranda rights that police give suspects? They don't say "anything you say can clear this up," they say "anything you say can and will be used against you."
Call a lawyer.
[–][deleted] 2 points3 points4 points 10 years ago (0 children) | Copy Link
The only four words you should ever say to a police officer are :
"I want my lawyer."
and then STFU.
[–]mwobuddy 4 points5 points6 points 10 years ago (2 children) | Copy Link
Law and Order is not a show to base your world on. Miranda Rights do not have to be told to anyone they arrest.
In all instances, she knew what she was doing by repeatedly saying no and then going along with it anyway. She's trying to make a good case.
[–]aarongaming100 2 points3 points4 points 10 years ago (1 child) | Copy Link
Also the country is not stated. In for example the UK the Miranda rights are modified to be "You do not have to say anything however it may harm your defence if you fail to mention when questioned something which you later rely on in court. Anything you do say may be given in evidence"
[–]aesopstortoise 1 point2 points3 points 10 years ago (0 children) | Copy Link
This is true, but for an innocent man to talk to the police in this situation would still be foolish, as you will be giving them evidence on which the CPS can base the decision to prosecute or not. The purpose of changing the arrest caution was to intimidate suspects into making evidence gathering easier. The issue of innocent, truthful statements working against a suspect is well covered in Professor Duane's address:
Don't Talk to Police:
https://www.youtube.com/watch?v=6wXkI4t7nuc
And yes, the principle holds true for the UK.
[–]mjsansai 17 points18 points19 points 10 years ago (1 child) | Copy Link
Don't go to the police station, go to a lawyer,let him talk for you. Too many men make this mistake the police won't believe you. Tell your lawyer she removed her tampon to have sex and returned to the bedrooom without it, don't give this info to anyone else except your lawyer, don't talk to your family, friends or anybody. TALK TO A LAWYER
[–]TheDude41 0 points1 point2 points 10 years ago (0 children) | Copy Link
Also, he should keep the tampon.
[–]civilsaint 12 points13 points14 points 10 years ago (1 child) | Copy Link
She went to the ER, got an exam, and talked to the police. They have all they need to arrest you. Even with no physical evidence, her word alone is enough to arrest you.
The only reason the cops want to talk to you is to get a confession or get you to help them build their case.
Talk to a lawyer immediately and he or she will let the cops know that you won't be making a statement.
Also, have bail money ready and someone available to bail you out. The cops will come for you without warning.
[–]mikesteane 7 points8 points9 points 10 years ago (0 children) | Copy Link
This
[–]Impacatus 4 points5 points6 points 10 years ago (0 children) | Copy Link
That's a messed up situation. I hope it works out.
But you really should be talking to a lawyer. I'm not one, but I think they usually advise clients not to talk about these kinds of things. Definitely get one before you talk to the detective.
[–]meco03211 4 points5 points6 points 10 years ago (0 children) | Copy Link
What they need to convict you of rape is for you to confirm you had sex with her. Even if you say it was consensual. If you admit you have sex, you admit that it happened. With the both of you agreeing sex happened, it's just up to her to say she didn't consent for it to be rape. As others have said, invoke your right to remain silent. Don't even plead your case to a detective hoping he will believe you. There's nothing you can say now to help you that you cannot say later. And there is plenty you could say now to hurt you that cannot be unsaid later.
[–]jtaylor73003 1 point2 points3 points 10 years ago (20 children) | Copy Link
I am confuse who says you have to talk to the detective on Monday her or the detective? If it is her then she is lying and probably lying about everything, and you want to contact a lawyer. If it was a detective then he is lying that you have to talk to him. You don't and contact a lawyer.
[–]digilue[S] 1 point2 points3 points 10 years ago (19 children) | Copy Link
Well I preemptively call the police station myself because I wasn't sure if she had filed a case already against me or not but they said that they already had a detective working the case and he would be back Monday to work and he would like to talk to me.
[–]trpalternate 7 points8 points9 points 10 years ago (0 children) | Copy Link
The only words that should come out of your mouth in that station are, "I am invoking my right to remain silent." and "I will not answer questions without a lawyer present."
[–]jtaylor73003 4 points5 points6 points 10 years ago (15 children) | Copy Link
Doesn't surpise me the cops lied to you. Let us get this straight. Cops are legally allowed to lie to you. They are legally allowed to twist your words and manners against you. They are legally allowed to violate every Constitutional right you have. They are not legally require to protect you.
Get a lawyer if you can. If they talk to you invoke your 5th admendment right. Right it down on index cards along with I want a lawyer, because if your voice shakes while invoking your right they can and will use that against you. Don't let them in your home, and even monitor your trash. Delete this post, and get a lawyer.
[–]TheDude41 0 points1 point2 points 10 years ago (14 children) | Copy Link
Get a lawyer if you can.
Not "if you can."
Go talk to a lawyer, period.
[–]jtaylor73003 0 points1 point2 points 10 years ago (13 children) | Copy Link
Well he may not be able to afford a lawyer. Then he be require not to talk till he is arrested and the judge provides a lawyer.
[–]TheDude41 0 points1 point2 points 10 years ago (12 children) | Copy Link
Anyone can afford $250 dollars to talk to a lawyer for an hour, at least for long enough to have him tell you not to talk and how to get a public defender.
If someone can't come up with $250 in a situation like this, he doesn't have his priorities straight.
[–]jtaylor73003 0 points1 point2 points 10 years ago (11 children) | Copy Link
Well I assuming there are people who are poor. That live paycheck to paycheck, and that the internet is small luxury to numb the constant grind.
[–]TheDude41 0 points1 point2 points 10 years ago* (10 children) | Copy Link
Anybody with a coffee can and the capability to write on a sign and sit on a street corner can make $250 in a week in this country.
He needs to get a lawyer, period. No excuses.
You're talking to a guy with a partially amputated arm, and saying he "maybe" should go to an ER.
[–]jtaylor73003 0 points1 point2 points 10 years ago (9 children) | Copy Link
WOW. If had time to beg on the street then he has the time to earn through work. I assume that he, like most people, get paid bi-weekly or twice a month. I am show empathy for someone who not might have any type of savings, and that a claim like this coming out of the blue hurts him financially. Saying get a lawyer is fine, but let's not assume it is cheap. I would even point out that $250 is on the cheap side for hour for a lawyer. Most charge from $300-$500. If he is living paycheck to paycheck that could be a expense that require a month or two to save up.
Basically I not assuming he clears $1000 dollars a week, instead I assume he might be making barely above minimium wage.
[–]TheDude41 0 points1 point2 points 10 years ago* (8 children) | Copy Link
It's not empathy to suggest that getting a lawyer in his situation is anything but mandatory.
It appears he has a home. Take out a mortgage on it, or if rented, sell all your stuff, move out onto the streets and use the rent money for a lawyer.
[–]SnickerSnak 1 point2 points3 points 10 years ago (0 children) | Copy Link
Never talk to the cops.
Well I preemptively call the police station myself
Well that there is totally stupid.
Were you born yesterday?
[–]dsmaxwell 0 points1 point2 points 10 years ago (0 children) | Copy Link
Contact a good criminal defense attorney. Now. Delete this post, do not talk to anyone else about this before speaking with a lawyer who will represent your best interests. /r/legaladvice may be of some use, but they would probably just tell you the same thing.
[–]TheDude41 0 points1 point2 points 10 years ago* (0 children) | Copy Link
a
[–]aesopstortoise 0 points1 point2 points 10 years ago (0 children) | Copy Link
If it happened as you say then yes, you were set up.
Another user has already posted this link, but again:
Watch this until you truly understand how foolish it would be for an innocent man in your position to ever talk to the police. Be warned, you have already put yourself at risk, don't cook your own goose further by talking to the police. And pay attention to what the professor says about lawyers who ignore this advice, ie if a lawyer advises you to talk, get a different lawyer.
Learn from this, your wife has become your mortal enemy. She has tried to destroy you. No apology she could ever make will change this, and I doubt she ever will anyway. Your world has changed, you need to be more aware and to change your behaviour accordingly.
[–]digilue[S] 0 points1 point2 points 10 years ago (0 children) | Copy Link
Good news guys the investigation was completed awhile ago and was sent to the prosecutor. They decided to throw out the case and now I'm going after her for deformation of character. She just only cost me 2 week off unpaid my job because they found out about it and I haven't been able to see my kids for about a month but hopefully now I can do something about it
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[–]Great_Space_Gonads 36 points37 points38 points (0 children) | Copy Link
[–]user1492 20 points21 points22 points (4 children) | Copy Link
[–][deleted] 2 points3 points4 points (0 children) | Copy Link
[–]mwobuddy 4 points5 points6 points (2 children) | Copy Link
[–]aarongaming100 2 points3 points4 points (1 child) | Copy Link
[–]aesopstortoise 1 point2 points3 points (0 children) | Copy Link
[–]mjsansai 17 points18 points19 points (1 child) | Copy Link
[–]TheDude41 0 points1 point2 points (0 children) | Copy Link
[–]civilsaint 12 points13 points14 points (1 child) | Copy Link
[–]mikesteane 7 points8 points9 points (0 children) | Copy Link
[–]Impacatus 4 points5 points6 points (0 children) | Copy Link
[–]meco03211 4 points5 points6 points (0 children) | Copy Link
[–]jtaylor73003 1 point2 points3 points (20 children) | Copy Link
[–]digilue[S] 1 point2 points3 points (19 children) | Copy Link
[–]trpalternate 7 points8 points9 points (0 children) | Copy Link
[–]jtaylor73003 4 points5 points6 points (15 children) | Copy Link
[–]TheDude41 0 points1 point2 points (14 children) | Copy Link
[–]jtaylor73003 0 points1 point2 points (13 children) | Copy Link
[–]TheDude41 0 points1 point2 points (12 children) | Copy Link
[–]jtaylor73003 0 points1 point2 points (11 children) | Copy Link
[–]TheDude41 0 points1 point2 points (10 children) | Copy Link
[–]jtaylor73003 0 points1 point2 points (9 children) | Copy Link
[–]TheDude41 0 points1 point2 points (8 children) | Copy Link
[–]SnickerSnak 1 point2 points3 points (0 children) | Copy Link
[–]TheDude41 0 points1 point2 points (0 children) | Copy Link
[–]dsmaxwell 0 points1 point2 points (0 children) | Copy Link
[–]TheDude41 0 points1 point2 points (0 children) | Copy Link
[–]aesopstortoise 0 points1 point2 points (0 children) | Copy Link
[–]digilue[S] 0 points1 point2 points (0 children) | Copy Link