TALKING TO THE POLICE - The need for intervention and assistance from a skilled criminal defense lawyer may arise in situations other than actual arrest. For example, no interview should ever be granted to the police without benefit of at least prior consultation with a criminal defense lawyer who is in a far better position than you to assess the interests the police have in obtaining the information and the interest you may have in refraining from providing it.
If the police contact you for an interview, contact a criminal defense lawyer before talking to them. You will not talk the police out of arresting you if they intended to do so, but you might well talk yourself into being arrested where arrest would not have been warranted absent your disclosures.
ARREST AND PROSECUTION - Once you are arrested, you have federal and state constitutional rights not to talk with the police. You should exercise your right to remain silent at the first moment following arrest and from that point on as there is nothing to gain but a criminal conviction for a verbal misstep.
If you can, call a lawyer from the police station or as soon as possible thereafter because the earlier you receive legal intervention, the earlier your constitutionally protected rights will be secured.
Try to retain a lawyer prior to the arraignment - your first appearance in the criminal court. Having a retained attorney at that first hearing sets the stage for the ensuing legal nightmare and will help to make the experience more emotionally and legally tolerable.
Your actual physical liberty may be at issue at the arraignment since it is the point at which the court determines how much if any bail should be required to secure your appearance for trial. You are in no position to argue the issues alone and understand the elements that go into a determination of bail.
The charges against you are then read and a plea of not guilty is entered. The case proceeds through several distinct and well-established stages from pre-trial discovery, to motions to dismiss, to motions to suppress evidence that may have been unlawfully seized, to motions to suppress statements that were made under less than voluntary circumstances and conditions.
The experienced, zealous criminal defense lawyer will ensure that every relevant piece of evidence that helps as well as hurts you is produced by the government and that there are no secrets or surprises down the road.
Your lawyer will guide you through the scary and intricate process leading to the most appropriate resolution of the case, which is determined by you after considering the advice that comes from years of experience. Whatever you do, do not rely on a friend's family lawyer who does wills and probate matters but may have never set foot in a criminal courtroom to give you the kind of advice and representation you need in a case in which your liberty is at stake.
This law office will provide the experience and dedicated advocacy necessary to safeguard your liberty and constitutional rights.
Do you have questions or do you want to make an appointment in this area?
Call us at 617 720-4244 or use our contact form.