Expert: Philip Sweeting - 5/10/2007

Question
A NYPD detective. called me yesterday and all he said was someone filed a complaint against me in January and he needed my side. I asked if we could discuss this over the phone and he said he is prohibited from discussing this with me because he is not even sure he has the right person so I have to come in person. I then explained I was on doctor ordered bed rest because of a pregnancy related illness. I have an IV and fetal monitor hooked up so I am not allowed to leave my house. I have to stay laying down to keep pressure off (I'm at risk of delivering the baby 7 weeks early), etc. He asked for my doctor's info with I gave I assumed to verify my info. Instead he told me I have no choice I have to come in person to take care of this. I asked if he could come to my house since he needed my statement so badly and he said no. He asked my due date & I told him the end of June and he said this can't wait till then. Frankly I don't want this over me until the end of June but I really can't leave the house. Not to be nasty but I can't even shower everyday cause the doctor doesn't want me on my feet that long. The police department is about an hour away by bus and who knows how long I would have to sit around especially if he says he has to arrest me. I asked if I was going to be arrested and he said it depended on what I told him but again he would give me any information, not the type of complaint, person who made or even when the incident happened (except that the complaint was filed in January). I kept explaining my situation which finally pissed him off and he told me if I don't provide a statement in person he will swear out a warrant for my arrest and sit back and let the warrant squad deal with me. Any advice/help/suggestions you can give me as to how to handle this will be greatly appreciated. Sorry for it being so long but I wanted to give you all the facts.

Answer
If you had a lawyer the first thing he would tell you is don't talk to the police even if they come to your house.

If he is threatening to arrest you if you don't give a statement...that is a violation of your rights. The law protects you from self incrimination/statement and the police can't threaten you in order to get you to provide a statement.

I can only assume you know what the complaint is about and how serious it is. With that in mind I would do one of three things.

Ignore it and it might just go away. If he has evidence to arrest he is going to do that even if you give a statement but if he is trying to get you to give a statement or confess then that may give him the evidence he needs.

You can call his supervisor and make your concerns know to him or...

You can have a lawyer call them but that will cost you money but a lawyer will not be intimidated by them which it sounds like he is trying to do to you. Hope this helps.