If you've been arrested....
If you have already been arrested then the following might be
too late unless they have internet access at your local lock up.
In any case there are several recommendations which bear
repeating. First and foremost, DON'T TALK. One of the most
precious rights we have living in this country is the rock solid
right to remain silent. It is a wonderful right -- exercise
it. Contrary to what you might think you can rarely, if
ever, talk your way out of being arrested. Any statement
you give the authorities will almost certainly be used against
you. Even if you tell them that you're innocent any other
statement you give them might later come back to haunt
you. Therefore, the safest and smartest move is to simply
keep your mouth shut.
Second, ask to speak with a lawyer -- any lawyer, even if its
a public defender or your real estate lawyer. The minute
that you ask to speak with a lawyer the authorities must stop
interrogating you. If the lawyer you asked for shows up
chances are good that he'll refer you to the first
recommendation -- DON'T TALK. Of course, the best course
of action is to call an experienced defense attorney. Why?
Because having a good criminal attorney involved in the earliest
stages is real important. By becoming involved early the
attorney will be better prepared at the first hearings you'll
have like the bond hearing and the arraignment. Occasionally,
the early involvement of a defense attorney can lead to a lesser
charge being filed or a better disposition of the
case.
Third, and this is really an extension of the first, don't
talk to anybody about your case except your lawyer. This
includes the jail guards, your cell mate, or even your
family. Don't talk on the telephone about your case since
most calls from a jail are recorded.
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If you've been contacted by law enforcement...
Sometimes the first interaction with the
authorities is not an arrest. This is more common in the
Federal system than in State systems. If a law enforcement
agent comes to your home or office and asks to speak with you your
first reaction should be to ask to see identification and, if
possible, request a business card. There are several reasons
for this. First, they might not be who they say they
are. Second, their I.D. or card will identify what agency
they work for. Third, the name and agency of the agent will
be important to the attorney. Your second reaction should be to
very nicely inform the agent that you want to speak with your
attorney and that your lawyer will be in touch with them
later. If they then proceed to arrest you don't feel bad --
they were going to arrest you anyways regardless of what you would
have told them. If they try to convince you to speak with
them again very politely inform them that you wish to speak with
your attorney first. You should be completely unconcerned about
how that makes you look. Innocent people are also entitled
to speak with their attorney. Even if you think you have
done nothing wrong you should not speak with them until you have
had an opportunity to speak with a lawyer. Why? Because you may
have unwittingly committed a crime and just don't know it. This is
not altogether uncommon. If they turn around and leave you
should then run, not walk, to your attorney. Don't have one.
No problem -- find one. Fast.
As when you have been arrested the early
intervention of a criminal defense attorney can often save you a
lot of grief later. I have personally been involved in cases where
my early intervention led to charges never being brought or to a
disposition that did not involve criminal charges such as a civil
resolution of the matter. Having a lawyer involved early on immeasurably
increases the chances of resolving the matter in a positive way --
be it getting the charges not filed, resolving the case in an
alternative manner, or increasing the chances of an acquittal if
it gets that far.
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If law enforcement agents are looking for
you. . .
This is a similar scenario to the one above except
you weren't home or in your office. In this situation you
don't have to tell them that your attorney will call.
Rather, you again run, not walk, to a criminal defense
attorney. If they have left their name and number he will
call them. In that event, if the agents are looking to
arrest you your lawyer will be able to arrange for your surrender
to them or to the Court. This will increase your chances of
getting a bond that you can post. Courts always look
favorably on some one who has voluntarily turned themselves
in. Again, however, the importance of having a lawyer is
important. If you turn yourself in to the agents directly
they might later dispute that you did so voluntarily. Having
a lawyer in the middle will insure that the Court is aware that
you did so on your own volition. Having the lawyer call might also
save you the embarrassment and inconvenience of having the agents
handcuff you in front of your family, friends and/or co-workers.
Finally, if they are not looking to arrest you but simply speak
with you your attorney will be in a position to determine whether
or not it is your best interest to speak with them. This
will, of course, depend on why they want to talk to you and about
what. In truth, you might simply be a witness with no
criminal exposure but that's what attorneys are for.
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What can happen if you don't hire an attorney. .
.
A lot of bad things can happen if you don't hire
an attorney right away. Basically, it's pay me now or pay me
later. Except that later is usually more difficult.
It's my smart clients that get into the most trouble. They figure
they can talk their way out of anything and usually the agents are
counting on this. Why? Simple. No one is that smart.
If you have done something wrong chances are that your statement
to the agents will end up tripping you up. That is, of
course, even assuming they take your statement down
correctly. I have rarely seen the case where a client's
statement has helped them over the long run. There indeed
may come a time when you want to speak with the authorities but
only after your lawyer has insured that your rights are
protected. (For example, by obtaining an immunity letter
from the Government.) Do you watch "NYPD Blue." (I
do.) Have you ever seen anybody be better off by speaking with Det.
Sipowitz without an attorney. Ditto for "Law and
Order." Bottom line, you should never agree to speak with
agents without your attorney being present. You should never
agree to a search or a line up or other identification procedure
without speaking with a lawyer. Period.
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