I took care of my grandfather for the past 4 years up til his recent passing at the age of 83. He spent 98% of his time in his recliner, he became pretty much immobile towards the end and I wasn't able to properly clean him and he was always being aggressive towards me if I tried to clean him, which unfortunately led to some really bad sores and spots showing up. Around November APS was called by someone and they came and opened an investigation, I didn't hear anything from them through December or January, but I was called last week by the local sheriff's office and they said they wanted me to come in and talk to them, but wouldn't tell me if I'd be arrested or really what about other then it pertained to an investigation with my grandfather. Sorry it was so long of a question
I love listening to true crime podcasts. I often HEAR the actual interrogations and boy are they scary. In a case like this they want it open and shut. A conviction for abuse or neglect and they will just sit this person in a nice room with a nice cup of coffee and a "sympathetic" woman cop who will be all:
"We know you did the best you could. We have these complaints and we just need a couple of answers so we can file this away. We just need a few answers so we can just close this case up. Now, you DID know there were a couple of sores?"
They want to close it all right. And as soon as you say you knew there were sores and didn't call the ambulance? You could well be done right there. Sorry, you are under arrest.
Too often it is about closing the case soon as possible. They have my sympathy. It's their job. But wow, can it go wrong from someone unfamiliar with how the system works, someone ignorant of bedsores and what they can mean. This could be an involuntary manslaughter charge in seconds.
I am first of all an admirer of the police and our justice system. I am of APS as well and often advise people to call them.
Let me make that clear.
BUT anyone who goes to "talk to them" without an attorney is a FOOL. People who are innocent get tripped up all the time with "good cop-bad copy" "I am your friend; I am not your friend" sort of thing. They are TRAINED to trip you up.
A whole lot about this situation (and we are only getting YOUR side) doesn't make sense.
1. If APS came when called in and assessed, and found a problem, then why did they not tell you they found a problem?
2. Why did they not offer help? Why did they not call an ambulance and admit your dad?
Why did they not intervene?
3. If APS left then you had reason to think things were, if not ideal, then OK. IMHO. You expected, I would think, to hear from them if there was a problem found?
I have no idea what they intend to accuse you of.
It's clear to me the police aren't there to chat you up with coffee.
Someone has reported the death as suspicious if the police want to speak with you.
You haven't told us when grandfather died. Or what he died of. Or whether or not family or neighbors suggested to you that you needed help caring for him, or should call a doctor, and you refused. So we know nothing.
But apparently it was months after APS came to see you? I can't imagine why that would be.
Do not see the police without an attorney.
If they call again I would ask them:
"Am I under arrest?"
If they say yes, then tell them you want an appointed attorney and will not speak with anyone until you have one.
If they say no tell them you choose not to see the police. If they have a problem they will have to put you under arrest and speak to you only with an attorney.
They will try to convince you "we only want to chat. We just have some questions so we can get your side of things", and they will be REAL SWEET. Don't believe it. They are trying to get you in there WITHOUT an attorney. And they want you there so you are recorded and filmed as you speak.
If you are arrested do not speak to anyone without an attorney.
I am in no way making comments here as regards care of your granddad which I can know nothing about. I will say to you that knowing someone is getting bedsores and not sending them to get care is negligent. It is not OK. In some cases it is criminal. They say ignorance is no excuse before the law, but it is looking to me like "ignorance of the facts" is the only excuse you have here.
DO NOT SPEAK TO POLICE WITHOUT AN ATTORNEY PRESENT. IF YOU CANNOT AFFORD ONE THEY MUST PROVIDE YOU WITH ONE. BUT THEY CAN ARREST YOU UNTIL ONE IS FOUND. And if they read you your Miranda rights you know right there that you open your mouth at your own expense. As I said, they are trained well.
I don't want to tell you good luck. Sounds on the face of it that an autopsy has been done and evidence found that this death could have been prevented or was due to neglect. I just want you to know that you have rights and it is crucial you know what they are.
DO NOT speak to these people without a lawyer present. If they arrest you which I think will be unlikely, a lawyer will have to be provided for you free of charge if you cannot afford one.
APS dropped the ball on your grandfather's situation. He needed to be taken care of and they did nothing and offered no resources. That's their job. They were supposed to take action. This is their purpose and what APS is for. I know because I've been dealing with these people for 25 years as a caregiver and also as a homecare business owner.
APS is famous for neglecting and ignoring vulnerable adults living in seriously dangerous situations. Yet will charge in full force with swords drawn over some absolutely ridiculous nonsense like a hired caregiver refusing to allow the care client into the bathroom with them because they can't be left alone.
These people are likely going to make you the scapegoat for how they incompetently handled your grandfather's case. Don't be afraid of them though. If you lawyer up, you'll be just fine.
If you think there's the slightest chance of being charged criminally, then hire a criminal attorney and let him/her do your talking for you.
Innocent people seem to forget it's not incumbent on them to prove their innocence; rather the investigating agency has the onus to prove guilt.
If you choose to go voluntarily, then please know they cannot ask you anything where your answer might incriminate yourself without first reading you your rights. The moment someone says to you " you have the right to remain silent..." your ONLY response should be "I want a lawyer." Your lawyer will then find out whether or not you're going to be arrested.
Criminal defense is definitely NOT a DIY sort of scenario.
Good luck.