Pre-charge & Pre-Indictment legal Services
Most of the time, when someone retains a criminal defense lawyer, they have already been charged with a crime.
The charges are known, the hearing date is on the calendar, and the worst-case scenario is usually obvious.
But sometimes, law enforcement reaches out to a suspect before charging them. Or someone makes an accusation that, if reported, could lead to charges.
Retaining a criminal defense lawyer before being charged with a crime can be one of the most important decisions you will ever make. It can even prevent you from being charged at all.
What to do If you think you might be charged with a crime
By retaining a lawyer before charges, you can dramatically reduce the chances of being charged with a crime.
This is due to a number of factors. The fact that you have a lawyer communicates to the investigator (and to the prosecutor, if one is working with the investigator) that you aren’t going to be intimidated into giving incriminating statements or consenting to incriminating searches.
You should never give a statement to law enforcement without an attorney present. Even if you are innocent. This is one of the most important things anyone can ever do to protect their rights.
What you say to law enforcement or the government while under investigation is one of the best (and easiest) ways for them to build a case against you - even if you’ve done nothing wrong.
Regardless of what you say, anything could be misunderstood or used against you.
Most people want to be seen by police as helpful. Even though your intentions are good and you’re careful what you say, officers are trained in interrogation techniques. They can deliberately or accidentally lead you into saying something you otherwise wouldn’t. They can also take your statement out of context and turn it around against you.
When we’re present during an interview, our job is to ensure you don’t incriminate yourself or get tricked into common scare tactics.
How do I know if i’m under investigation for a crime?
-
Law enforcement officers will contact suspects to come in for questioning. At this point, they do not have enough to charge you with a crime. Your response should be, “I will only come in and talk to you with my attorney present. You can contact my attorney directly to coordinate a time.” Then, you give them the number of your attorney.
-
If you become aware that someone has or might make an accusation against you, hire an attorney right away. This allows your attorney to start investigating what the accusation is and even contact the prosecutor directly to get more information on the situation.
-
When a criminal case is being built against you, the first thing police usually search is your residence. Searches are conducted with a warrant, which means you are probably suspect enough that a judge signed off on permission to search your home.
If you don’t have a lawyer, and your home is being searched, you should immediately call an attorney and hire them.
-
The government can seize your vehicle if they suspect it was involved in a criminal act. They usually do this in an attempt to preserve evidence that could otherwise be destroyed if the car stayed in your possession. Your attorney can not only help fight pending criminal charges, but also help get your vehicle back and avoid permanent forfeiture.
-
If law enforcement officers have probable cause that evidence exists on your device, they will likely seize the device to avoid the destruction of evidence.
The doesn’t necessarily mean they are allowed to search it, however.
If law enforcement come into your home and see a computer or a phone, they are allowed to take the device.
Then, officers will usually ask for your permission to look through your device. Surprisingly, most people agree.
It’s important to know that you do not have to agree to this. Contact an attorney right away to protect your rights and your property.
-
Often times, the federal government will issue what is called a target letter.
This is the government’s way of informing you that you are the target of a criminal investigation.
Basically, this means federal prosecutors believe you have committed a crime and there is enough evidence that you could be indicted.
If you have received a letter like this, contact an attorney right away. They may be able to dissuade the prosecutor from moving forward with the investigation.
-
Sometimes, law enforcement officers will show up at your place of work to bring you in for questioning. Sometimes they do this for safety reasons because people are less likely to be aggressive or armed at work.
They can also do this to increase compliance. As in, you might be more likely to agree to come in for questioning out of fear your co-workers will think you are guilty if you deny the request.
It is very important to remain respectful, but simply state that you do not consent to an interview without an attorney present. This is not an admission of guilt, it is a way to protect your rights.