If you’ve been arrested and charged with a crime, the time to hire a criminal defense attorney is immediately. Don’t make the mistake of hiring a family law attorney, a trust and estates attorney, or even the lawyer who helped your uncle with a real estate deal. You need a dedicated criminal defense attorney. This might sound obvious, but the reality is that many people overlook this crucial step and it can have serious consequences.
The Importance of Early Legal Representation
Even before formal charges are filed, you should seek out a criminal defense attorney if detectives or police officers are calling you or asking questions about any incidents. This might be a preliminary investigation, but it’s critical to pause the conversation and say, “Let me call you back.” Then, contact a criminal defense attorney immediately. You might not need to hire one right away, but at the very least, you need legal advice.
Common Mistakes to Avoid
Every day, I see cases where individuals made incriminating statements during phone calls with detectives before they had legal representation. The police reports often state something like, “Detective X called the suspect, who verified their presence at the scene and made some incriminating statements.” This situation can easily be avoided by consulting an attorney before speaking to law enforcement.
The Risks of Self-Incrimination
It’s understandable that people want to cooperate with law enforcement to resolve matters quickly, especially if they believe they made a mistake and want to correct it. However, being forthcoming without legal guidance can backfire. Even if a detective promises you leniency for cooperating, such assurances are not legally binding. The Supreme Court has ruled that any promises made by police during casual conversation are not enforceable.
When the Police Call
If a detective or any government agent contacts you, it’s crucial to say, “Hold up, let me call a criminal defense attorney and figure out my options.” Sometimes detectives might try to intimidate you by saying only guilty people need attorneys or that refusing to talk will look bad. Don’t be swayed by these tactics. Their goal is often to get you to make incriminating statements. Once you consult with an attorney, the chances of you making such statements drop significantly.
Free Consultations Can Make a Difference
I receive calls three or four times a week from people saying, “Hey, Marc, a detective is asking me questions about X, Y, and Z.” I offer free consultations where I can determine if you need to hire an attorney or if you can handle the situation on your own. Whether you’re a witness or a potential suspect, having a brief conversation with a criminal defense attorney can provide clarity and protect your rights.
The Value of an Experienced Attorney
Once hired, a criminal defense attorney can communicate directly with detectives, gathering information and assessing the situation. Detectives are often more forthcoming with attorneys because they know that the likelihood of a suspect making incriminating statements decreases once legal representation is involved. This transparency can also lead to more favorable arrangements, such as allowing a client to surrender themselves voluntarily rather than being arrested in public.
Make The Right Call
So, when should you hire a criminal defense attorney? The answer is simple: as soon as possible. Ideally, this should happen before charges are filed, but certainly at the moment you are aware of any investigation. At the Marc Lopez Law Firm, we’re here to help you navigate the complexities of the legal system and ensure your rights are protected. It’s never too early to get a criminal defense attorney involved. If you have any doubts or questions about whether you need an attorney, don’t hesitate to call us at 317-632-3642 and remember—always plead the 5th!