Police or other Government investigation, questioning, surveillanceAttorney Tricia Dwyer is rated 'Superb' year after year & Perfect Reviews (Avvo)
LEGAL QUESTIONS & ATTORNEY TRICIA DWYER'S ANSWERS: LEGAL QUESTION: I got voice mail from police asking I ask my sister to phone them about a matter. My sister is a sort of person who never has any legal problems. What's best? ATTORNEY TRICIA DWYER'S ANSWER: Of course it is good to cooperate and assist law enforcement; however, if a person has concerns about criminal conduct of some sort, for one, in the USA, we all have the right not incriminate oneself, the right to stay silent (but remember, if asked by law enf' for your legal name and DOBirth, we are to identify ourselves to law enf' when asked - always be respectful to law enf' and identify yourself - if you have an issue about being asked for that info', for instance, be respectful and state that information - if you think it was wrongfully asked of you, then later discuss it with an att'y helping you - never argue or cause trouble for law enf'). In my work, it can happen that I am present with my client, sitting right by his/her side, for a sit down appointment (meeting) with a detective, or other sort of law enf' officer.
Legal question: I'm on 3 yr probation for Dangerous Acceleration & Careless Driving, then stay of adjudication. So in 2024 when this is done will it show on a background checK. Attorney Tricia Dwyer's answer: There are different sorts of background checks, and they are made for different purposes and have varying levels of depth of scrutiny. Is this a Tenant Application? Job Application to work in Security? Also, government and private companies perform these checks. LEGAL QUESTION: I'm under police surveillance. I know I've done some things wrong. I'm scared.. What should I do? ATTORNEY TRICIA DWYER'S ANSWER: In my work, people will sometimes ask me to privately confer with them, and they'll tell me they want to wait until we're meeting to tell me what is bothering them. It is both good and normal that once you feel a sense of trust and safety with another person, you can feel you can open up and tell the truth about what is going on. A few examples for which I may confer privately with a new client: You've committed a crime, such as theft/stealing from your employer, and you're scared you may get arrested; You know there's an active arrest warrant issued and you're really scared & not sure what all your options are; You know there's a restraining order and you and 'the other person' have been secretly violating it. One case I had involved a person who's computer had been compromised-the person had met with an FBI agent who recommended they confer with a well experienced private attorney. Legal question: I was sitting in car in park & police came & said they'd been told I seemed suspicious. I was unnerved. Legal of them?? Attorney Tricia Dwyer's answer: Hello. You wrote how you were 'alone', which suggests to me the circumstances may have been suspicious. Also, be aware that police may be notified of suspicious behavior in many ways - for example, someone on the street calls out to the officers in a squad car. It's really important that we're all respectful to all law enforcement, plus all first responders - the work officers do for us - people in the community - is extremely important, essential. Remember no one's 'out to get you' - officers are concerned about things such as pedophile lurking, concern for your welfare. ALWAYS have hands up and open. NEVER make any fast movements of any sort. ALWAYS be totally respectful, NEVER rude or 'difficult' or 'noncompliant'. Identify who you are if asked. If you have a problem about what unfolded, in my work, a person will be in the Attorney-Client relationship with me and we'll discuss what happened - most often there will be real time video to view. Think of 'what if I was in their shoes'! Also, you yourself please think about a career in law enforcement - you clearly are a careful and detailed and conscientious person!! Excellent questions. |
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