Q: Accused of assault in MN; accuser with multiple restraining orders pressing charges. Next steps?
On February 15th, I was accused of assault by someone who has restraining orders against them from multiple parties and frequently calls the police. An officer came to my house to question me, but I wasn't home, so I later returned his call and left a voicemail. Eleven days later, he contacted me and informed me that the accuser is pressing assault charges against me. He instructed me to call another police department, which told me that the officers on duty during the incident were off duty for a few days and to wait until Saturday for a phone call. Additionally, I have seen video evidence of the accuser pulling knives on people just days before the alleged incident. What should I do in this situation?
A:
Even though you already left a voicemail, do not provide any further statements or explanations to law enforcement. Anything you say can and will be used against you. The officer may seem helpful or neutral, but their job is to investigate a crime—not necessarily to clear you. Instead, consult with a criminal defense attorney immediately before making any further contact with the police and don't make ANY contact with the subject of the restraining order. Even if you want to confront them or defend yourself, any contact could be used against you. The accuser could claim harassment or intimidation, which could make things worse.
Since you have seen video evidence of the accuser pulling knives on others, try to obtain a copy of that video and save any texts, emails, or social media posts that show the accuser’s past behavior. Since the accuser has multiple restraining orders against them and frequently calls the police, it’s worth checking their history. If they have a history of making false accusations, that could be strong evidence in your defense. Gather any witnesses who can testify about the accuser’s history of violence or false accusations.
Get legal representation ASAP. This is the most important step. A lawyer can communicate with the police on your behalf, ensure that you don’t accidentally incriminate yourself, and start building your defense immediately.
I hope this helps.
A: Get an attorney to represent you. Do not make further contact with law enforcement. Let the attorney handle things from here on out. Your attorney can handle any contact with law enforcement and also can provide any exculpatory evidence to the prosecutor.
A: 1. Do not speak with police, at all. Decline any police contacts to speak. 2. Contact a criminal defense lawyer for some help. 3. It can help to try to preserve evidence that might be helpful, such as video of the accuser threatening people with knives.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
