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My Ex-wife lawyer refuses to return call to the Detective for an interview

Discussion in 'Other Family Law Matters' started by Mike Lee, Aug 3, 2015.

  1. Mike Lee

    Mike Lee Law Topic Starter Member

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    If a Detective has called the lawyer of my ex-wife many times asking to speak to my ex-wife lawyer, for an interview regarding the night that my ex-wife wanted to stab our son. But the lawyer still has not return the detective's call yet. However, after many unsuccessful calling attempts, what can the detective do in this case, would he just closed the case? What do you think could happen next?
     
  2. army judge

    army judge Super Moderator

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    Your wife, nor is any other "person of interest" in any criminal case, isn't required to speak with law enforcement. It is everyone's constitutional right to refuse to cooperate or speak with the police.

    That said, absent any interview granted or refused, the police (acting under orders of the prosecutor) can simply arrest your wife. I suspect the arrest of your wife to be imminent, as in perhaps before week's end.
     
  3. Mike Lee

    Mike Lee Law Topic Starter Member

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  4. Mike Lee

    Mike Lee Law Topic Starter Member

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    Hi Amy and any other friends that can help me with what the outcome of the case mentioned above regarding about my ex-wife almost stabbed my son, from the date that I heard about the news above, it has been 3 months. The whole investigation has been going on for 9 months, could this case possibly been dropped, if it is how can I find out, please help, Would it sounds reasonable that the detective just dropped the case after 9 long months?
    thank you so much, Merry Christmas to all.
     
  5. army judge

    army judge Super Moderator

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    Very hard to say for sure, Mike.
    More than likely the case has been closed, a case was never officially opened, many times the police simply want to talk with someone, or the police were unable to contact your wife.
     
  6. Mike Lee

    Mike Lee Law Topic Starter Member

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    If the case was never open then why the police have interview my whole family and recorded all the interviews at the police station and have specially interview and put my son on a lying test detector? Thank you for all your advice. They even went into the school and interview my son's principle.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    The police investigate, they don't decide on the filing of charges.

    It's possible that the prosecutor decided not to file charges for any number of reasons and it won't do any good to speculate. You'll have to ask the prosecutor.
     
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  8. txls

    txls Well-Known Member

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    Ask them. We can only speculate.
     
  9. Mike Lee

    Mike Lee Law Topic Starter Member

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    But how can I ask the question, what is the best way to ask the questions.
    what is the best way to get the police to tell if any thing.
     
    Last edited: Dec 24, 2015
  10. txls

    txls Well-Known Member

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    "I would like a status please on the incident of ___________.
     
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  11. army judge

    army judge Super Moderator

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    If the matter is still under investigation, the police might tell you nothing.

    If all you've been getting is silence, the matter might still be under investigation.

    I suggest you let it be.

    Let a sleeping dog sleep.
     
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  12. Mike Lee

    Mike Lee Law Topic Starter Member

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    Hi Amy and all friends, please help me as to what can happen next: The cop asked me for the address and phone of the therapist of my son, then he said that he will request all reports from the therapist and then forward it to the prosecutor, although, he did not say that he can or cannot pursue any charges against my ex-wife,but he did say that "please give him some more time." Do anyone can guess what can happen next, please help. thanks
     
  13. Betty3

    Betty3 Super Moderator

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    You will need to wait & see if the prosecutor decides to press/file charges.
     
  14. ElleMD

    ElleMD Well-Known Member

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    My guess is that the investigation is with the state's attorney and it will be up to that office to file charges. This can be slow. I have a case I am waiting to hear on (different state, different matter), where it is very straightforward, and the investigation was completed in early August. Yours has a lot to weed through, and if they are still requesting records, it is still under review.
     
  15. Mike Lee

    Mike Lee Law Topic Starter Member

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    Good Morning all friends, Please tell me what you think about what the detective just said to me, the detective just told me that he will interview my ex-wife again for one last time then he will wrap up the case and give it to the District Attorney. He just that he does not know what will happen after that. I just wonder will the DA just give it up after all they have investigated for over 1 year? please let me know what is your opinion. thank you.
     
  16. ElleMD

    ElleMD Well-Known Member

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    We have no way of predicting what the DA will decide.
     
  17. army judge

    army judge Super Moderator

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    If a case has languished and lingered in the bowels of the investigative system, more than likely the police have not uncovered enough information to allow a DA to indict the person or issue an arrest warrant.

    Take cheer and comfort in the fact that nothing will happen. Evidence might be uncovered in six months or a year that will allow the prosecutor to levy a case against the alleged wrongdoer.

    However, in most cases, the fact the police come sniffing around can cause some criminal actors to straighten up and fly right. That bodes well for your family.
     
  18. Betty3

    Betty3 Super Moderator

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    The detective said he does not know what will happen after giving the case to the DA & there is no way for us to know for sure either.
     
  19. adjusterjack

    adjusterjack Super Moderator

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    That's the same as saying "My ex-wife DIDN'T stab my son."

    I suspect that if she gets charged at all, it might be for a misdemeanor:

    Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:
    (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse
    (b) An offense under Subsection (a)(1) is a Class A misdemeanor


    It's anybody's guess whether the DA will choose to prosecute after all this time.
     
  20. Mike Lee

    Mike Lee Law Topic Starter Member

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    what if she does get charged for a misdemeanor, then do you think that she can still be near my son for a period of time.
     

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