Retain Experienced Counsel Now
Thanks to the tough-on-crime legislature, criminal allegations are vigorously prosecuted and can involve severe penalties. Whether innocent or guilty, it is imperative that you retain experienced counsel now, not later. It is vital to retain counsel early to know what to do and what not to do, to prevent the improper gathering of evidence which will be used against you, and to avoid jail. Given the issues involved and the potential consequences, your attorney should be experienced in the area of criminal law. Further, his or her practice should focus on representing people accused of criminal offenses.
Do Not Talk To The Police
You have the right to remain silent. Anything you say can and will be used against you in court.
Other than retaining experienced counsel, remaining silent is the most important thing you can do for yourself. There are many innocent people in jail and prison due to false allegations. Even assuming improper conduct occurred, is incarceration for a one-time mistake just punishment? If you talk, whether innocent or guilty, a conviction is much more likely to occur.
You must not succumb to the urge to explain. It does not matter what the police think (what the police think is not admissible evidence). If you agree to talk with the police, they are trained to exert psychological pressure which could cause anyone to say anything (what you say is admissible evidence). Further, the police are legally allowed to lie about evidence and lie about the potential consequences. The police typically give the impression your case is no big deal. Their goal is to make you believe the case against you is strong and the consequences of admitting to something are minimal. Innocent people have been convicted and imprisoned because of this tactic. If you are contacted by the police they already believe you committed the crime and are simply trying to get you to talk. They are not searching for the truth. They are searching for your statement to use against you. If you are contacted or arrested, say nothing except I am invoking my right to remain silent and I request an attorney. Be polite and respectful, but don’t believe what the police tell you.
Do Not Consent To Anything
Be prepared for a search. Places routinely searched include your car, computer, house, and workplace. Do not give the police permission to search anywhere. If they search, it should be without your permission. Any time you are subject to a police search, do not interfere and do not talk to the police (except to politely tell the police they do not have your permission to search and you are not going to say anything until you speak with your attorney). Then call your attorney.
Further, if the police contact you at your residence, do not step outside. The police typically must have a warrant to enter your residence to effect an arrest or search. If you are arrested, do not ask to enter your car or residence to speak with your family or to obtain personal effects. If you do, the police will follow you inside and conduct a warrantless search.
If Arrested
If you are arrested, just get through it. Do not attempt to run or resist. Don’t explain. Don’t be over confident, even if innocent. Politely, but firmly, tell the police you do not want to say anything until you speak with your attorney. Do not give the police permission to search anywhere.
