WHAT TO DO IF THE POLICE WANT TO QUESTION YOU ABOUT A CRIME?

You do not have to wait for charges to be filed to get help from an attorney. You have the right to the assistance of a lawyer at every stage in a criminal investigation. Before the police can question a person in custody, they are required to read you your rights. These are the Miranda rights that include “the right to remain silent” that you may be familiar with from television shows. The police DO NOT have to give you the Miranda warning if you are not in custody. Unless you are the victim of a crime and reporting the crime, anytime the police want to question you the wise move is to seek the help of a lawyer. You will not be penalized for asserting your right to assistance of counsel. An attorney can clarify the intent of the police and prevent misunderstandings and mischaracterizations of your answers.

WHAT TO DO IF YOU ARE ACCUSED OF A CRIME?

Once you have been accused of a crime then there is no doubt that you are the target of a criminal prosecution. Any statements you make will be used to further the prosecution of you. All decisions of whether to prosecute a case in court are made by representatives of the District Attorney’s Office for your jurisdiction. An attorney representing your interests can ensure that any promises made regarding prosecution or use of your statements will be enforced in court. Once you retain an attorney, the attorney can arrange to have all communications to you from police agencies and other government representatives to be directed through your attorney.

WHAT TO DO IF THE PROSECUTION HAS FILED CHARGES AGINST YOU?

Once the government files charges, their motives as to you are clear: the government is trying to convict you of a crime and impose a punishment on you and your life. The government will not try to help you. The government is prosecuting you. A lawyer trained and experienced in the defense of criminal cases becomes essential to prevent what may be lifetime implications to your record and your rights. Once you retain an attorney the prosecutor must communicate through your attorney and not attempt to contact you outside the presence of your attorney. An experienced criminal defense attorney will know how to protect your rights and guide you through the ordeal of being accused of a crime.