Sometimes, I have the opportunity to provide a client with representation before an arrest. On those rare occasions where a client finds out they are the target of a criminal investigation, I have been very successful at mitigating criminal exposure.
Usually, these clients are involved in financial or white-collar crimes. They discover the existence of an investigation from an employer, co-worker or by their own deduction. Other times, the client is contacted directly by law enforcement, interviewed or interrogated, and for some reason, the investigators did not make an immediate arrest.
In cases that I am providing
I will also begin my investigation from the information learned from the investigators and the client interview. In my practice, I work with several former robbery and homicide detectives as well as other professionals who still love to investigate and do an excellent job.
I like to get in and talk with prosecutors if they are assigned, I speak great detective, but I speak much better lawyer. Lawyer speak often smooths issues over before they get out of hand. A lot of times it comes down to not allowing the client to talk directly with the investigators. People tend to hang themselves when they agree to talk to law enforcement.
If I discover evidence that benefits my client, I may disclose that to the investigators or wait until a later time when the investigation is more mature. During the prearrest inquiry, it is largely a judgment call on all legal maneuvers. Fortunately, in some cases, I have been able to ward off my client’s arrest completely. However, once an arrest is imminent, our roles become adversarial, and the process of aggressive client advocacy begins.
So should you be represented by a lawyer before an arrest? ABSOLUTELY!
If you find out you are under investigation by any government agency, speak to a lawyer immediately and do not agree to talk with anyone until you talk to your lawyer. Representation before an arrest is a valuable asset in building your case.
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