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Sheriff's Dept. wants to talk to me - what are my rights?

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Van Duys

Junior Member
What is the name of your state? California
For the last 2 weeks I've been awakened by the Sheriff's dept pounding on my door on 4 different occassions .
At the time, they didn't ID themselves so I did not answer.
They have since come back and left a mssg with stating: .....County Sheriff's Dept, open the Front door or come outside, we would like to talk to you.
I have not committed any felonies nor do I have any outstanding Warrants.
I do smoke Marihuana occasionally but I am not involved in any sales or distribution of it.
I called back the Sheriff's Dept and they notified me that they are indeed wanting to talk to me but will not state why.
They told me the only way to find out their reason is for me to come in person to talk about it.
My suspicion is that a guy I knew last year was busted when authorities were notified that he was in the emergency room with a Controlled Substance in his blood system.The Controlled Substance was Cocaine.
The day that happened he had been smoking marihuana with me when he started having a Panic Attack and that's when he told me he had done some Cocaine earlier that night.
I told him that this Panic Attack was all in his head and that if he wanted to go to the Emergency room that he was going to be arrested for being under the influence of a Controlled Substance.
The next day he called stating that he had to turn his self in because of being under the influence of a Controlled Substance, after Hospital Authorities notified police.
A year goes by and this guy left a message saying that he was never busted and wanted to talk to me.
I feel that this guy, since he at 36 years old has never been arrested before and his parent are wealthy, is naming names of anyone and everyone that he has ever done drugs with him so as to get a lighter or reduced sentence.
I feel that if I meet with the Sheriff that I'll be accused and subsequently arrested for lies by this guy and his family stated against me so that his sentence is reduced.
My questions are:
From a Criminal Law aspect, Do I have the right NOT to meet with the Sheriff's Dept. until and if I'm ever charge with any crime?
Is the way they've contacted me: Pounding on my door, indicative that some sort of felonious act is believed to have been perpetrated by me.
No warrants are out for my arrest at this time, what am I to expect if I don't contact the Sheriff's Dept. regarding this.?
I feel that if I Do submit to an questioning interview by the Sheriffs' even with Counsel that I'll be charged with a Crime based on accusations made by an individual and his family so that they get a lighter sentence.
The news is full of stories of people for whatever reason being asked by Law Enforcement to submit to an interview/questioning regarding some investigation and then subsequently being arrested from evidence gathered from that meeting.
From a Criminal Law stance:
What are my rights regarding this situation?
Would someone PLEASE HELP !
 


CdwJava

Senior Member
Van Duys said:
For the last 2 weeks I've been awakened by the Sheriff's dept pounding on my door on 4 different occassions .
At the time, they didn't ID themselves so I did not answer.
Apparently you knew they were deputies. Not answering the door often only delays the inevitable.


I called back the Sheriff's Dept and they notified me that they are indeed wanting to talk to me but will not state why.
They told me the only way to find out their reason is for me to come in person to talk about it.
Okay. And you can refuse.


My questions are:
From a Criminal Law aspect, Do I have the right NOT to meet with the Sheriff's Dept. until and if I'm ever charge with any crime?
Sure. And they have a right to go on just one side of any story they are being told and get a warrant. It could be that once you talk to them any confusion will be cleared up and they will leave you alone. Only you know if you have something to hide.


Is the way they've contacted me: Pounding on my door, indicative that some sort of felonious act is believed to have been perpetrated by me.
No. Only that they wanted to talk to you and were trying to get your attention.


No warrants are out for my arrest at this time, what am I to expect if I don't contact the Sheriff's Dept. regarding this.?
They will either eventually go away or they will come back with a warrant.


I feel that if I Do submit to an questioning interview by the Sheriffs' even with Counsel that I'll be charged with a Crime based on accusations made by an individual and his family so that they get a lighter sentence.
That may happen anyway. If they have only one side of the story, they may have a stronger case than if they have both sides.


From a Criminal Law stance:
What are my rights regarding this situation?
You have the right to remain silent ...


- Carl
 

Van Duys

Junior Member
I have the right to be silent but does that right extend to not submitting to any interview requested by law enforcement unless charged with a crime.
I have nothing to be guilty about.
Pounding on my door to me is a threatening and intimidating way of getting my attention.
This leads me to believe it's something of a Criminal manner.
Would a Criminal Attorney advise not to take part in any questioning unless i'm being charged with a crime or would they advise me to comply?
Thnx for your response and any other future advise anybody with a Criminal Attorney background has to say.
 

CdwJava

Senior Member
Van Duys said:
I have the right to be silent but does that right extend to not submitting to any interview requested by law enforcement unless charged with a crime.
Of course. They cannot MAKE you talk to them. They can arrest you, but you never have to talk with them.


Pounding on my door to me is a threatening and intimidating way of getting my attention.
Maybe so. But it got your attention.


Would a Criminal Attorney advise not to take part in any questioning unless i'm being charged with a crime or would they advise me to comply?
I have no idea. I suspect it would depend on what you told the attorney and exactly what your involvement might be. And not knowing what the cops want to talk to you about it might make it real tough to guess.


- Carl
 

Van Duys

Junior Member
To any Criminal Attorneys out there:
'Would a Criminal Attorney advise not to take part in any questioning unless I'm being charged with a specific crime or would they advise me to comply?"
No Law Enforcement personnel need reply, PLEASE !
I thought this was a Free Legal Advice Forum?
 
Van Duys said:
To any Criminal Attorneys out there:
'Would a Criminal Attorney advise not to take part in any questioning unless I'm being charged with a specific crime or would they advise me to comply?"
No Law Enforcement personnel need reply, PLEASE !
I thought this was a Free Legal Advice Forum?

You have been given great advice already.

I'd suggest watching a few episodes of the various Law and Order shows too... :)
 

mgomez41

Member
i think you should see an attorney because to me it obviously seems like you are hiding something that might have you criminally charged

there has to be a reason for you not wanting to talk to the police and it must be pretty serious if when they knock on your door u dont answer
 

n_and

Member
1] Officers are normal people, like you and I, doing the job they trained for
2] Free is what you pay for
3] Your post is full of misheld information
 

ENASNI

Senior Member
hee hee

n_and said:
1] Officers are normal people, like you and I, doing the job they trained for
2] Free is what you pay for
3] Your post is full of misheld information[/QUOTE]


Just like what I found in my yard... I was cleaning up after four dogs...( to be delicate... poopie-doopie) I thought it was shredding from my shredder.. The doberman LOVES paper... turns out it was coconut from my larder/pantry.... thought about selling it as a treat... totally looked like a candy bar...
 

nanaII

Member
If I were you, I would hire an attorney and take him/her with you to the Sheriff's department and ask why they wanted to talk to you. If they say the person with the information is not available, I would say that you want to make an appointment - with your attorney present.
 

Van Duys

Junior Member
California.
Thanks for the advise.
There is no misheld information, just wild speculation on my part due to the following circumstances:
For the past 3 years the Sheriff's dept. knock and bang loudly on my door.
They have shown up at 5:45 am, 11:45 Pm, etc.
At least 2 to 3 times a week.
This pattern continues for 2 to 3 weeks and then stops till next year.
This pattern has held up for the last three years.
I do not owe money to the city,county, or the state.
If I was guilty of any crime - a warrant would have been issued for my arrest, correct?
I have no warrant.
It would appear that whatever it is can't be too serious or else I'd be charged by now with a crime, does that make any legal sense?
Before all this happened, the only people I avoided was bill collectors.
I have an outstanding Student Loan to the tune of $60,000 dollars,
would that have anything to do with all this?
The Sheriff's dept do act as Process Servers, does this behavior on their part seem too overzealous to be a serious possibility?
In other words, this can't possibly be just a Process Server action, can it?
I ask a simple question:

"Do I have the right not to meet with Law Enforcement personnel till charged with an actual crime", from Criminal Law stand point?

I had an Attorney contact the Sheriff's Dept and they stated that there's too many cases for them to look and see what this is all regarding.
Does this sound right to you?
I thought that if Law Enforcement wish to contact me they must cooperate with my attorney?
Is that correct?
Thnx in advance for all of your advice.
 
Last edited:

panzertanker

Senior Member
Van Duys said:
California.
For the past 3 years the Sheriff's dept. knock and bang loudly on my door.
They have shown up at 5:45 am, 11:45 Pm, etc.
At least 2 to 3 times a week.
This pattern continues for 2 to 3 weeks and then stops till next year.
This pattern has held up for the last three years.
WHAT???
Are you serious? This post makes no sense....
 

BL

Senior Member
"Do I have the right not to meet with Law Enforcement personnel till charged with an actual crime", from Criminal Law stand point?

I believe you were told the answer already , but I'll reply again .

The answer to your Question is , Yes ........

And I agree , this post makes NO sense . 2-3 wks . per yr. for the past 3 yrs .
 
If you live in Los Angeles this makes sense

For other areas it may not. I would definitely have the counsel of an attorney if you live in Los Angeles. The police there have a reputation for corruption, arrests, and prosecutions because of it. If they've been harrassing you for three years (and this does sound odd) then, either of three things:

1) Corrupt cops
2) You have a warrant out for your arrest
3) They are not cops at all

But, because of the history of the LAPD, if that's where you live, I would NEVER speak to them without counsel. Anyone telling you anything else either hasn't dealt with the LAPD, or they are in denial.

This locale came to mind instantly only because I know law abiding citizens who've been threatened by the LAPD, in their efforts to investigate others who are not law abiding. Two Mexican LAPD officers I know of still drive around Rampart and break as many laws as the criminals. The police department refuses to do anything about it.

Please be aware that I do not dislike police officers. I have two friends who are police officers and I find it sad that the LAPD has gleaned this reputation because it makes all officers look bad when most are decent people. But, I've never broken a law in my life and I'd NEVER trust the LAPD with my well being. Anyone who doesn't believe me needs to read about the CRASH units of the LAPD and the officers arrested from there.
 

panzertanker

Senior Member
airesflora said:
For other areas it may not. I would definitely have the counsel of an attorney if you live in Los Angeles. The police there have a reputation for corruption, arrests, and prosecutions because of it. If they've been harrassing you for three years (and this does sound odd) then, either of three things:

1) Corrupt cops
2) You have a warrant out for your arrest
3) They are not cops at all

But, because of the history of the LAPD, if that's where you live, I would NEVER speak to them without counsel. Anyone telling you anything else either hasn't dealt with the LAPD, or they are in denial.

This locale came to mind instantly only because I know law abiding citizens who've been threatened by the LAPD, in their efforts to investigate others who are not law abiding. Two Mexican LAPD officers I know of still drive around Rampart and break as many laws as the criminals. The police department refuses to do anything about it.

Please be aware that I do not dislike police officers. I have two friends who are police officers and I find it sad that the LAPD has gleaned this reputation because it makes all officers look bad when most are decent people. But, I've never broken a law in my life and I'd NEVER trust the LAPD with my well being. Anyone who doesn't believe me needs to read about the CRASH units of the LAPD and the officers arrested from there.
And I personally want to thank you for "not disliking police officers", yet verbalizing that they are untrustworthy...

Also, thanks for telling us where all the cops are corrupt too. I will avoid LA at all costs now that I have been warned by such an "expert".

Read the post, the OP states:
Van Duys said:
County Sheriff's Dept, open the Front door or come outside, we would like to talk to you
NOT Police, Sheriff. Ignorant statements, like the one you just made, make it harder for police officers and sheriff's deputies to do their job.

Did you ever think to consider that the 4th option would be "desire to interview subject due to ongoing investigation"?

Next time you decide to go off on a tangent, at least make sure you have your head removed from your arse first...
 
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