DO I NEED AN ATTORNEY?
DO I NEED A CRIMINAL DEFENSE LAWYER?
If you have to ask that question, you need to consult with an attorney. Of primary concern to most people is whether they actually need representation. That is something which can be decided only with the aid of an experienced attorney, and only after she is familiar with the facts of your case.
SHOULD I SPEAK WITH THE POLICE OR INVESTIGATORS?NO! DO NOT MAKE ANY STATEMENTS AND DO NOT GIVE UP YOUR RIGHT TO REMAIN SILENT. ASK TO SPEAK WITH AN ATTORNEY. DO NOT write out a statement; DO NOT volunteer any statements (for example: I only had 1 drink); and DO NOT lie. Most people believe that if they tell their story that they can talk the police out of charging them with a crime. Remember, the police are not your friends. They want you to talk, they want you to tell your side of the story, and they want you to admit to a crime. Why? Because an admission of guilt can be used against you in court; and it makes the job of the police and prosecutors that much easier.
The police will lie to you, the police will use deceptive tactics, and the police will be your best friend while you are under investigation. Police officers are trained to get you to talk. DO NOT believe them when they tell you that if you tell them your side of the story, they will not arrest you. Whether you should speak to the police is an extremely important and complex decision. Make that decision after seeking the advice of an experienced defense attorney.
REMAIN SILENT!
The only thing you should say is: "I want a lawyer." Contact a lawyer as soon as possible.
DO NOT Answer Any Police Questions; except for your name and address.
DO NOT Write Out A Statement.
DO NOT Volunteer Any Comments like: "I only had two beers."
DO NOT Lie.
WHAT IF I AM INNOCENT?
You must consult with a qualified criminal defense attorney, even if you are innocent of the charges against you. Just because you are innocent does not mean that you will ultimately be found innocent. We are all brought up to believe that truth and justice prevails, but unfortunately, in the Criminal Justice System, that does not always happen. In many cases, police and prosecutors are under extraordinary pressure to file cases that innocent people are found guilty of crimes they did not commit. Fully protect your rights, consult with an experienced criminal defense attorney.
WHAT IF MY CASE IS STILL UNDER INVESTIGATION AND NO CHARGES HAVE BEEN FILED?
The police, when investigating crimes, ARE NOT your friend. Their job is to get as much information from you to assist in building their case against you. Your need for effective legal representation is just as great during the course of the police investigation. Police and Prosecutors often make mistakes. If you know that you are under investigation for a crime, call an experienced defense attorney. Any evidence in your favor needs to be investigated and preserved by your attorney immediately. With the evidence in hand, a defense attorney can intervene on your behalf.