When Should You Contact An Attorney After Being Arrested?


How Does Someone Know If They Are Under Criminal Investigation And Are Going To Be Charged With A Crime Besides Being Arrested?

There are a few ways to know. People will tell you, “They’re talking to me about you,” or, “Somebody asked me questions about you,” or, “Somebody from law enforcement contacted your employer,” and things like that. If it’s a financial case, usually the bank is the first one to tell you, because if they get a subpoena for your bank records, they’ll send a copy to you and say, “Hey, we got this thing. They are asking for your records. What do you think about that?” Generally when they come and see me at that point, I say, “Well, they’re going to get them one way or another,” and then we go from there.  So you just notice things around you like people talking about you and asking questions about you, and then it moves up a little bit. It depends on what sort of investigation it is. Again, for financial crimes, they always start at a distance, and move in towards what they believe the target is. One of their goals is to talk to the accused, and the next goal is successful prosecution, but you’re really just hearing things.

What Is Your Recommendation In Terms Of When You Should Get An Attorney Involved? What Do You Say To People Who Are Nervous To Get An Attorney Involved Because They Know They’re Guilty?

It never helps. The police are not there to see your point of view. Like every person alive, they have their own preconceptions, and sometimes those conceptions are misconceptions, but they are not there just for you to go down and tell them, “Hey, I didn’t do it.” They may believe you or they may not, but you should always have an attorney present any time you’re speaking to someone from law enforcement because that person gives you a buffer, a sounding board, and the ability to say, “We’re done. I’m going to get up and walk away.” In addition, when the police are misleading somebody in an effort to get more information, the lawyer will know it, and they can get up and say, “Okay, we’re done,” or, “This interview is over.” So don’t ever just voluntarily jump up and say, “I’m going down to talk to the police officer about myself.” It is not wise. It never helps.

So Hiring A Lawyer Isn’t Going To Harm Your Case Any Further. It’s Not Like They’re Going To Say, “Well, He Got A Lawyer.  Let’s Arrest Him Now, Since He Must Be Guilty.”

Well, they might say, “Let’s arrest him now.” If they have a case they are looking to close and you tell them, “I’d like to hire an attorney,” then most officers will say, “Well, if that’s the case, you don’t need to come in. We’re going to file a request for a warrant for your arrest.” They’ve already made that decision.

The only reason they’re getting your statement is to lock you in at that point. When they say that, then obviously you know they’d already made up their mind. What if you had already given a statement? You’re stuck to that statement. Remember: they’re not going to give you a copy of the statement. They’ll string you along a little bit by saying, “Okay, let’s go back a week.” Their story really didn’t make sense. It could have happened somewhere else some other way and you’re trying to help. Sure, it could have, but now you’ve given a statement that doesn’t have their questions in it and it says, “Well, it happened a different way.” Now you look like you’re lying and it prevents you from testifying in your own defense because you have inconsistent statements.

These law enforcement people are just like your lawyer. Your lawyer went to law school and studied how evidence is supposed to be presented. The police officer studied how evidence is to be gathered, and they take courses on it all the time. They learn how to take a statement and how to get the best statement. So when you tell them something, it’s not going to be something that’s favorable to you except under the rarest of circumstances. That’s usually when a police officer calls a lawyer and says, “Hey, you know me. I just need to clear this one thing. I’ve got one specific question.” There is a long relationship that’s been built up over the years of hearing about this officer and seeing if the conduct has worked. The officer is also saying the same thing about the lawyer. The police officer will think, “This guy is representing this client. He is going to let me talk to him because he knows I am not going to do something to jeopardize our relationship.”

Are Police Actually Allowed To Lie To You During An Interrogation?

Absolutely! It’s encouraged. They will lie to you about the facts of the case and the evidence. Now, remember: when they’re lying to you, they believe you’re guilty, and so that’s encouraged to get evidence of you being guilty. Well, she’s told us that you did this, or that she saw you, or that you told her at some point. But these things don’t have to be true. Police officers, case law, and judges’ decisions when people are trying to get this thing thrown out later all say, “No, that’s something you can talk to the jury about, but that’s no reason to keep the statement from being included.”

In That Case, Are You Allowed To Lie To The Police?

No. If you give a false statement to a police officer, you’re in trouble. Now, interestingly enough, if a police officer gives a false statement to another law enforcement organization – even his own organization – or person, that’s something that’s frowned upon and illegal as well. It’s a one-way street.

For more information on when to contact an attorney after being arrested, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (254) 699-3755 today.

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