Law enforcement believes that you have committed a crime. The prosecutor's goal is to put you behind bars. You are not a criminal and you certainly do not want to go to jail.
So, what do you do? First, do NOT take this lightly. The number one mistake I see people make is believing that the case will somehow just go away.
I have spoken with dozens of criminal defendants who firmly believe that serious charges against them are no big deal and believe that the prosecutor will dismiss the case "once they know what really happened". This belief leads people to make big mistakes like voluntarily making statements to the police and delaying hiring legal representation.
Be clear about this: THE PROSECUTOR WILL NOT DISSMISS YOUR CASE AFTER HEARING YOUR SIDE OF THE STORY.
Facing a criminal investigation and possible charges may be the single most difficult and stressful experience of your life. Your reputation, your assets, your personal relationships, and your liberty are at risk. In these circumstances, you need an outstanding lawyer.
Once charges are brought against you, the prosecutor and the police are convinced that you are guilty. You will not talk them out of it. From the time you first come under investigation, everything you say WILL be used against you. Once you are charged, the mission of the police and the prosecutor is to convict you-period. They are not on your side.
If you discover that you are under investigation, get a lawyer right away. Do not wait until “it gets serious”. If you are under investigation, its serious now. Get a lawyer and don’t talk to the police. They have a name for people who do not follow this advice. They call them inmates.
The most desirable outcome is more likely to be achieved the earlier you retain an attorney. I am committed to giving my clients the best possible defense. If I can develop a defensive strategy before any charges are brought against you, I can start to control the direction of the case. Otherwise the process will begin to control you, pulling you in directions you do not want to go. When that happens, draconian events begin to take place. Clearly, my goal is to do everything I can to keep you from being charged.
If you even suspect that you may be charged with a crime, speak to an attorney now!
Very often before formal charges are filed, there is an investigation. Law enforcement tries to gather as much evidence as possible to build their case against you. This is the pre-file stage of a case. This is when having a good defense attorney can make the most dramatic impact on your case.
This pre-file period can be the most crucial stage of a criminal case. Since you haven't been arrested, you don't have any Miranda Rights. This is when most people fall into law enforcement traps designed to destroy their legal case.
Most people naturally want to defend themselves, and many tend to explain or defend themselves to anyone who will listen -- police officers, the judge at arraignment, investigators or even to by-standers. Resist the temptation to talk!
You need an attorney before you talk to anyone. Getting the right attorney immediately can often prevent charges from being filed in the first place. If charges end up being filed, having the right attorney already onboard can ensure that your Constitutional rights are protected.
I specialize in pre-file cases. I strongly encourage you to call us as soon as you or someone you know may be suspected of a crime or is in any way involved in a criminal investigation.
If you have been charged with a crime or are under investigation, call me for a free, confidential consultation.
