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  1. #1
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    Dec 2013
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    Default Criminal Suspect Won't Agree to Police Interview

    My question involves criminal law for the state of: Ohio

    My parents are going thru a legal thing right now, where my dad's secretary stole a lot of money from them over a period of few years. The detective has gathered all the evidence and was supposed to sit down for an interview with the woman and her lawyer and the lawyer canceled last minute. This is not the first time they have dodged this interview. What would the next steps be to move the process along and to stop the delaying tactics?

  2. #2
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    Default Re: Criminal Suspect Won't Agree to Police Interview

    It could be that the police lack sufficient evidence; it could be that the prosecutor will authorize charges even without the interview.

    Your father can speak to the investigating officer or prosecutor.

  3. #3
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    Default Re: Criminal Suspect Won't Agree to Police Interview

    Quote Quoting readytoleave
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    My question involves criminal law for the state of: Ohio

    My parents are going thru a legal thing right now, where my dad's secretary stole a lot of money from them over a period of few years. The detective has gathered all the evidence and was supposed to sit down for an interview with the woman and her lawyer and the lawyer canceled last minute. This is not the first time they have dodged this interview. What would the next steps be to move the process along and to stop the delaying tactics?
    It could be that the suspect's lawyer is protecting his client's 5th Amendment right against self incrimination and if she is smart she will NEVER talk to the detective.

    Watch this video to see why:

    https://www.youtube.com/watch?v=6wXkI4t7nuc

    If the authorities don't have enough evidence to prosecute without talking to the suspect then the case could be dead in the water and it won't ever get prosecuted.

  4. #4
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    Default Re: Criminal Suspect Won't Agree to Police Interview

    Quote Quoting readytoleave
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    My question involves criminal law for the state of: Ohio

    My parents are going thru a legal thing right now, where my dad's secretary stole a lot of money from them over a period of few years. The detective has gathered all the evidence and was supposed to sit down for an interview with the woman and her lawyer and the lawyer canceled last minute. This is not the first time they have dodged this interview. What would the next steps be to move the process along and to stop the delaying tactics?
    The police likely have a few years to bring the case to trial. The victim does not control the criminal investigation. If the victim wants their money back now, your dad can hire an attorney and sue the suspect. Yes, it will cost him money up front, but if he lost a lot of money and feels he can get it back from her, it might be worth it to at least consult an attorney.

    If the evidence is weak, then the DA may never choose to file. Not all cases can get prosecuted even if we KNOW who did it. Knowing and proving are two different things. And the burden of proof in a criminal trial is a LOT higher than in a civil trial (lawsuit).
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
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    Dec 2013
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    Default Re: Criminal Suspect Won't Agree to Police Interview

    Okay, thank you so much for the info. I will watch the video online this evening when I am not on my work computer.
    I kind of thought the same thing about how the victim doesn't really have anything to do with the criminal portion of it, but they can seek restitution civilly. Is that something that is better or easier to do after the criminal case is finished?

  6. #6
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    Default Re: Criminal Suspect Won't Agree to Police Interview

    Quote Quoting readytoleave
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    I kind of thought the same thing about how the victim doesn't really have anything to do with the criminal portion of it, but they can seek restitution civilly. Is that something that is better or easier to do after the criminal case is finished?
    If the secretary is convicted of the theft offense the court might order her to pay restitution as part of her sentence. In addition, once convicted suing her for a judgment would be easier because your parents would not have to prove she stole from them as the conviction already proves it. However, depending on all the facts and circumstances, it might not be a good idea to wait until the criminal case is resolved before filing the lawsuit and getting it started. That’s why consulting a civil litigation attorney now would be a good idea. The attorney can advise on the timing of the lawsuit.

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