How can I stop someone from accusing my daughter of breaking and entering? 35 Answers as of July 09, 2013

My daughters friend thinks her and another friend broke into her house while they were on vacation. But this is not true. What should I do and what can the legal implications be?

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Michael J. Gardiner, Attorney at Law | Michael Gardiner
I noticed you didn't include the word falsely in your question. The law does punishfalsecomplaints criminally and civilly. I guess that leaves a polite arms length request as you only other option.
Answer Applies to: Rhode Island
Replied: 7/9/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
get an attorney and DO NOT TALK TO THE POLICE OR ANYONE ELSE ABOUT THE MATTER WITHOUT AN ATTORNEY BEING THERE FOR YOUR DAUGHTER. Remember you daughter has the right to remain silent!!!!
Answer Applies to: Michigan
Replied: 8/30/2011
Anderson Walsh PLLC
Anderson Walsh PLLC | STACI LYNN ANDERSON
If you attempt to influence what your daughters friend will say to the police or in court, or you may be charged with felony intimidation of a witness. You need to be very careful about how you address the issue. You should get your daughter a good criminal defense attorney prior to any interrogation and before she makes any statements which may be construed against her.
Answer Applies to: Idaho
Replied: 9/20/2012
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
You can never stop a person from making the allegation. Your daughter should decline to make any statements to police or otherwise without first consulting with an experienced attorney.
Answer Applies to: Minnesota
Replied: 8/29/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
If the friend makes a police report, the police usually will investigate the case until they decide whether to pass the case to the prosecutor. The investigation could reveal the case is unsubstantiated and no charges could be filed if that is what their investigation shows.
Answer Applies to: Kansas
Replied: 8/29/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Depending on why your daughter's friend thinks this, this may lead to something and it may lead to nothing. Law enforcement may at least question your daughter. Prior to your daughter making any statements, I suggest your daughter consults an experienced Criminal Defense attorney to discuss her case in greater detail and learn all of her rights and options. Legally this cannot be held against her. It is simply the smart thing to do. If any statements are to be made to law enforcement, they should be made through an attorney. Good luck.
    Answer Applies to: Florida
    Replied: 8/29/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    You can't stop someone from making an accusation. It's possible that the accusation is defamation, for which you could sue, but I don't handle that sort of case and I don't really know. A false accusation to the police is itself a crime, but it's unlikely that anyone would be charged over a difference of opinion. If your daughter is accused of a crime she did not commit, she needs to talk to a lawyer about the next step, and she ABSOLUTELY MUST NOT TALK TO THE POLICE, THE ALLEGED VICTIM, THE ALLEGED CO-DEFENDANT, OR ANYONE ELSE about the offense.
    Answer Applies to: Oregon
    Replied: 8/29/2011
    Fabian & Associates, Inc.
    Fabian & Associates, Inc. | Stephen G. Fabian, Jr.
    First, determine if she was breaking and entering. If not, they you could sue the person making the allegations for liable or slander.
    Answer Applies to: Oklahoma
    Replied: 8/29/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    You can never stop a rumor. If you know the folks house that was broken into you can talk to them and explain rumor and that daughter was with you etc. In terms of legal action I don't believe any way to stop spread. If police are involved it is better to not have daughter make any statements to anybody.
    Answer Applies to: New Hampshire
    Replied: 8/29/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    If someone is making false criminal allegations that person can be sued for damages.
    Answer Applies to: Louisiana
    Replied: 8/29/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I would have your daughter consult with an attorney. If there is any merit to the allegations and they result in charges being filed, depending upon your daughter's age, the penalties could be substantial. Talk with an attorney!
    Answer Applies to: Washington
    Replied: 8/29/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    If there is enough evidence for a case to proceed, the act of breaking and entering into another person's home, under Michigan law, could be charged as a serious felony. Mere allegations are usually not enough. Simply because a person is ultimately charged does not mean they would ultimately be convicted. The police will conduct their own investigation to the matter if they are contacted and if the other party wishes to pursue the charges. I'd recommend that you contact an attorney to assist you with this matter. What any person suspected of a possible crime says or does could be used against them in a future criminal proceeding.
    Answer Applies to: Michigan
    Replied: 8/29/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    There is no practical way to stop someone from saying something. However, allegations of commiting a crime could be slander. If this continues to be a problem you should consult with an attorney.
    Answer Applies to: Michigan
    Replied: 8/29/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is not enough information for me to fully answer your question. If the allegations are being made by law enforcement, tell your daughter to keep her mouth shut, do not discuss this with anyone, and consider hiring an attorney. Eventually, the investigation will close and that will be the end of it. If the allegations are being made by persons other than law enforcement, I suggest you ignore their comments, tell your daughter not to discuss the matter with anyone (at all) and if it gets too intolerable, hire an attorney to send the person or person who are making the accusations cease and desist letter.
    Answer Applies to: Alabama
    Replied: 8/29/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Contact an experienced certified criminal law specialist to contact the alleged victim and perhaps he can work out a settlement. You cannot prevent him from going to the police if he wants to and once he does it will be out of his hands.
    Answer Applies to: California
    Replied: 8/29/2011
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    The accusing people can go to a police officer or magistrate and possibly obtain an arrest warrant against your daughter. At that point you need a competent criminal defense attorney to fight on her behalf. If the complaining parties have NOT yet gotten a warrant then perhaps you can discuss the situation and perhaps negotiate a resolution that keeps the matter out of court. However, once the criminal justice system gets involved the matter becomes one for the courts (juvenile court even) to decide. Your daughter should NOT discuss the matter with her friends, on Facebook or social networking sites, or with the alleged victims as all of this information could come back to haunt her in a criminal or civil trial. Silence is the best first step to contain the situation and avoid further complications.
    Answer Applies to: Virginia
    Replied: 8/29/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    You must get an attorney to help with this situation.
    Answer Applies to: Alabama
    Replied: 6/11/2013
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    There is not a lot you can do. If he is harassing her, which is a series of three occurrences of causing her distress, you may be able to get a harassment order, but to do so you would not only have to show he is harassing her but also that the claims ate false.
    Answer Applies to: Massachusetts
    Replied: 8/29/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    You cannot stop someone from reporting what they believe is a crime. The real question is whether or not there is enough evidence for the police to send the case to the prosecutor and whether the prosecutor believes there is enough to bring charges. If the case is as questionable as you believe, then no charges will be brought. If the case is brought, then you should consult with and hire an attorney who can best represent you. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 8/29/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Accusing someone of a crime that they did not commit or have not been charged with could possibly be grounds for defamation. Keep in mind that such suits are very hard to prevail on. However, a letter from an attorney telling the offending party to stop the false communications or else face legal action is often enough to get them to stop. I would suggest trying that approach.
    Answer Applies to: Michigan
    Replied: 8/29/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Stay out of it and avoid your own problems. You can't stop someone from making accusations. It's up to the police to investigate and do what they think is correct.
    Answer Applies to: Michigan
    Replied: 8/29/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    All you can do is try to reason with the victims. You cannot stop them from calling the police if they want to. But if there is no proof then the police will most likely not be interested in bothering your daughter.
    Answer Applies to: California
    Replied: 8/29/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    First of all, you should never attempt to interfere with the reporting of a crime. Whether the alleged victim is mistaken or not, do not approach or contact her at all. That is called witness tampering and is a felony. What you can do is contact the authorities and let them know about the situation if and only if your daughter is innocent and offer to cooperate. If there is any possibility that your daughter was involved, hire an attorney asap and cooperate with him or her completely.
    Answer Applies to: Washington
    Replied: 8/29/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    For there to be any criminal issues the victim has to contact the police and for the police to investigate and file a report. If your daughter is named by the victim as one of the people breaking into the house the police will contact her for a statement. If the police contact her she should not talk with them about the alleged incident unless she has an attorney with her. If your daughter is found guilty of this it will affect her life from that point on. She could go to jail, have this on her record effecting job chooses. The money spent on an attorney at this time will be well spent with what can happen. If she is contacted by the police get her an lawyer!
    Answer Applies to: California
    Replied: 8/29/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Just remain silent and do not speak about this to anyone unless your attorney is present. Let that person say whatever he/she wants. Not incriminating yourself is the key to prevent being falsely charged (remember, once you start talking, your words can be twisted around in ways you can't imagine).
    Answer Applies to: California
    Replied: 8/29/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    No one can stop anyone from making accusations. The police and prosecutor looks to see if there is any evidence to support the allegations. If not, nothing happens. If there is, she could be prosecuted.
    Answer Applies to: Louisiana
    Replied: 8/28/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    I don't know if there is anything you can do that is cost effective. Of course, if your daughter does get charged, you should hire an attorney ASAP.
    Answer Applies to: Pennsylvania
    Replied: 8/28/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    You can discuss the situation with the friend. However, it is a crime to try to influence a witness not to report a crime or to influence the testimony of that witness. You should therefore be careful what you say and have a witness present becuase you could be accused of witness tampering.
    Answer Applies to: Washington
    Replied: 8/28/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    If it is false then it is probably the tort of defamation of character for which you can sue. Even in small claims court. But there is obviously no way you can gag the accuser.
    Answer Applies to: New York
    Replied: 8/28/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    Could result in felony charges. Advise her not to talk to the police or discuss her case with others. Accusations are not enough to support a criminal charge. Without solid evidence, no prosecutor will agree to charge the case out.
    Answer Applies to: Minnesota
    Replied: 8/28/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    There isn't really anything that you can do to stop someone from accusing her of committing a crime. If the prosecutor determines the allegations are untrue, or the evidence is insufficient to establish probable cause, then they likely will not charge her with anything. If they do charge her with some sort of burglary or theft charge, then the next step is to retain an attorney to dispute the charges.
    Answer Applies to: Minnesota
    Replied: 8/28/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You cannot keep someone from accusing her - all you can do is prepare to defend her if she is charged or talked to by the cops. So hire a lawyer. Also, try to recreate what she did the time frame the alleged break in occurred to see if she can come up with an alibi.
    Answer Applies to: Colorado
    Replied: 8/28/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    There is nothing that you can do to stop it. If the police investigate, she will need a lawyer BEFORE she talks with them so that she is not harassed or pushed. If she makes a statement, then it needs to be thorough and complete or anything she leaves out and later remembers will be claimed to be untrue. Burglary of a habitation is a second degree felony which carries from 5 to 99 years or life for an adult. (It is different for juveniles but still very serious. It could result in a stint in Texas Youth Commission.)
    Answer Applies to: Texas
    Replied: 8/28/2011
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