Should I get an attorney?

Citizen said:

No! He has already implied he considers you a serious suspect. His claim about having you on video proves beyond all doubt that he is adversarial to you. Recall the Miranda Warning: Anything you say can and will be used against you in court. While it is usually police giving this warning, I have no information that police cannot use pre-Miranda Warning statements made to others.

Recall the warning from James Duane of Regent University Law School. The gist: Even the truthful statements of an innocent witness can be used against him in court if the police, through no fault of their own, come across evidence that contradicts the truthful statements of the innocent witness. A signed statement from you is evidence that can be used against you--to paint you as a liar, to discredit you--if the police come up with a person who is willing to say they did in fact see you handling the deposit on the day in question.

Click to expand...

Not to pick nits, but they would also have to have physical evidence or a second, corroborating 'witness' to actually use this in court ... of course, anything said/written up until that time can and will be used by LE against you.

What I have learned in my interaction with the LEO, DA, and other state investigators is that they are NOT concerned with the TRUTH, they are only concerned with PROVING you are GUILTY if they have already come to that conclusion.

Other than that, LISTEN to Citizen ... and don't say anything more, consult an attorney!

okboomer said:

Not to pick nits, but they would also have to have physical evidence or a second, corroborating 'witness' to actually use this in court ... of course, anything said/written up until that time can and will be used by LE against you.

What I have learned in my interaction with the LEO, DA, and other state investigators is that they are NOT concerned with the TRUTH, they are only concerned with PROVING you are GUILTY if they have already come to that conclusion.

Other than that, LISTEN to Citizen ... and don't say anything more, consult an attorney!

Click to expand...

I don't want to go too far off topic.

Is this a Rule of Evidence in his state? Cite, please.

Thanks for the validation.

Citizen said:

I don't want to go too far off topic.

Is this a Rule of Evidence in his state? Cite, please.

Thanks for the validation.

Click to expand...

Again, caught making assumptions [about Rules of Evidence in other states]

That might not be the Rule of Evidence in his state, but it is in MY state, so I should not have made that absolute assumption ... just goes to show that he needs to consult an attorney Of course, IANAL

I should also back up a bit and say that the laws about recording conversations on a phone should also be researched before doing so ... in the state where the phone call originates from and the state of current residency (if different) ... those are also slippery laws and might make a difference between getting pertinent evidence/admissions and committing a crime.

Get an attorney, have them write a letter and stick it up the Store's backend! You may even need an attorney in the original state, rather than in the current residential state.

okboomer said:

...Do not answer the phone without your recorder going until this is put to rest.

And, if they call you again, make them identify themselves, and ask them exactly why they are calling you again ... that would be admissible in court to prove that you did talk to them previously, and if you can, lead them into admitting they already threatened you with 'video evidence' ... don't let on that is actually what you want, but it will add zeros to any defamation/libel/slander suit you might bring. Conclude the call with a statement along the lines of, "I told you in the last call that I was not involved in the disappearance of the money and I have no knowledge of what happened to it or who might have done something to it. Any further contact will be through my attorney at XXX-555-5555." Then hang up and call your attorney and shoot him a COPY of the recording....

Click to expand...

Without a warrant, aren't you required to inform the other party that a telephone conversation is being recorded?

MAC702 - If you will read my post just above yours, you will see that I amended the statement you quoted.

In my state (Oklahoma) it is a one-party state for recording ... only ONE party to a conversation has to know it is being recorded.

In other states, there is a two-party notice for recording.

Also, remember, these parties are private citizens, so no warrant required if the state's other recording limitations are observed.

Thanks. Also, is there a difference in whether the recording is being done on a telephone conversation as opposed to a live conversation?

I'm thinking my state is a one-party consent for live conversation and a two-party consent for telephone conversation, but now you have me wondering if it really is a two-party consent for telephone!

IANALATGFT

Well, seeing as how I am in Oklahoma and you are in Nevada, this is why you should consult an attorney in the state that has jurisdiction over the situation :lol:

As Citizen so rightly pointed out, there are differences between the states that can only be addressed by an attorney ... however, as to the recording question, an attorney call-in show could answer this question ... don't know if any of the radio stations in your area have something like that in their programming, but it would be good for you to find out JIC

Here's a novel idea. Consult with an attorney in the state of jurisdiction (the state the store is located in). Do what HE says, not what these guys here say, although I do think there is some good (and not so good) advice here.

rodbender said:

Here's a novel idea. Consult with an attorney in the state of jurisdiction...

Click to expand...

Or consult with this organization. It lives for this. No charge.

Tell that guy that he's obligated to turn the video over to the police right away - concealing evidence of a crime is itself a crime. Sounds like "loss prevention" wasn't doing much on that particular day to prevent the loss, doesn't it?

As to the police applications, be as clear and truthful as you can - write up a statement pretty much like what you've said here, especially as to the statement about the "video evidence", and attach it to your application.

By the way, your suspicions about the existence of video evidence are merely that: suspicions; unless you've personally torn the place apart to ensure that there are, in fact, no cameras, then you don't really know. For the purposes of what you're doing now, take the guy at his word; he stated that the evidence exists, so treat that as a truthful statement, and report it as such to anyone who wants to know. Then his arse is going to be in a sling if he can't produce it.

Follow up. I do not need an attorney. The LP group can not find any evidence as to where the missing deposit had gone, or even who handled it. No one got fired or suspended, either. From what I hear, they are going to tighten up their policies.

Aaron1124 said:

Follow up. I do not need an attorney. The LP group can not find any evidence as to where the missing deposit had gone, or even who handled it. No one got fired or suspended, either. From what I hear, they are going to tighten up their policies.

Click to expand...

Whew!!! You got away with that one. LOL