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Pre-Arrest FAQ

Pre-Arrest Investigations / FAQ

I just got a call from a police officer from my local precinct who would like to speak to me face to face. What do I do?

You have a 5th amendment right to remain silent. You do not owe the police an explanation for anything, particularly if you are a suspect in a crime. The police are looking for an admission from you and will hide their true intent in an attempt to get to the bottom of two conflicting stories. What you need to do is immediately hire an attorney.

At the Law Office of Boris R. Nektalov, we handle these pre arrest investigations on a weekly basis. Call us immediately at (718) 849 7272.

The police told me that I will be released after talking to them for five minutes. Is this true? Can the police lie to get me to the precinct?

The police often lie to get the suspect into the precinct so that they can effectuate an arrest. The police are not obligated to tell you the truth and that is why an experienced criminal defense attorney can help you decipher truth from fiction.

Call the Law Office of Boris R. Nektalov immediately at (718) 849 7272

I was a participant in a crime and the police or the FBI would like to speak to me. I think I can lie my way out of this one. Is it ok to lie to the law enforcement?

The worst thing you can do is lie to law enforcement, particularly, the FBI. Lying to more than one agent is a federal offense. Law enforcement know that people rarely admit to the truth in confrontational setting and create what is called a perjury trap. The risk of being arrested for lying to the FBI exists with every correspondence between a suspect and law enforcement. Do not take that risk; hire an experienced criminal defense firm that knows extensively the way these investigations work and assist you in every stage of the process.

Call the Law Office of Boris R. Nektalov immediately at (718) 849 7272.

The police want to speak to me and told me I do not need a lawyer. What should I do?

Never speak to the police without an attorney present. You would be making a mistake if you start taking legal advice from a potential adversary. Remember, their goal is to arrest you and they know it would be more difficult with your attorney present who knows your rights and is able to spot legal violations immediately.

Call the Law Office of Boris R. Nektalov immediately at (718) 849 7272

If I hire a lawyer, do I look guilty to the police?

Absolutely not. You look smart. The ultimate question is not what the police think of you, it is what evidence can be legally obtained from interacting with you that can then be presented to a judge or jury by the prosecutors through police testimony.

By hiring an experienced criminal defense attorney, you are protected from making any and all statements and the police cannot use the hiring of a lawyer as evidence of guilty or consciousness of guilt. Everyone has a right to hire a lawyer of their choosing and the exercise of that right cannot be used against you in any way.

Call the Law Office of Boris R. Nektalov immediately at (718) 849 7272

The Police in Queens or Brooklyn want me to attend a lineup, should I do it?

Absolutely not. You should never volunteer to participate in any kind of lineup. If you have been arrested, you have a right to have your attorney participate and monitor the lineup procedure and to ensure that the lineup is conducted in a lawful manner. This office prides itself on exposing the various sham and suggestive lineups being conducted by the NYPD simply to close out investigations. Do not be tricked in to participating in a lineup even if you had absolutely nothing to do with the crime. Innocent people get picked for crimes they have never committed all the time. If the police want you to participate in a lineup, you need to hire an attorney immediately.

Call the Law Office of Boris R. Nektalov at (718) 849 7272.

I was involved in a domestic dispute with my spouse. My spouse called the police and is filing assault charged. I was already arrested and arraigned on her complaint. During the altercation with my spouse I was also assaulted and never told that to the police during my arrest. Can I go back to the precinct and report the assault?

Although you absolutely have a right to report a crime, the police will suspect that it is being filed in retaliation and may refuse to take your complaint. You should take pictures of your injuries and immediately seeks medical attention. What you should do is remain silent and hire an attorney as soon as possible so that you and your attorney can document your injuries and strategize your defense and the filing of a cross complaint.

Call the Law Office of Boris R. Nektalov immediately at (718) 849 7272

I have been contacted by investigators from HRA. Do I need to be concerned about being arrested?

Yes. In New York, Human Resource Administration handles investigations of health care fraud. These frauds involve the unlawful receiving and using of Medicaid benefits when the recipient is not legally entitled to receive these government subsidized health insurance benefits. These cases can be either civil or criminal in nature. Many times, these cases can be resolved civilly if handled in a timely manner. You should hire a lawyer immediately.

Call the Law Office of Boris R. Nektalov at (718) 849 7272.

My family member has been arrested. Is he eligible for bail?

New York State has passed major bail reform which no longer requires bail on many non violent crimes. If the crime is categorized as a violent crime but is not a homicide, the defendant is generally eligible for bail. What that amount is ultimately going to be depends on many factors that your attorney will have to articulate in court.

If you wish to hire our Law Office to handle your arraignment and help you navigate the criminal justice system, call the Law Office of Boris R. Nektalov now at (718) 849 7272.

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Please feel free to contact us if you have any questions.

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