Tuesday, December 1, 2009
When the Police Have Questions...
It is natural to want to defend yourself, and this is where most people get into trouble.
Exercising your rights and looking out for your own best interest does not make you a bad person. And it does not mean you are or feel guilty about anything. Nevertheless, law enforcement is trained to make you feel like a bad person when you do seek counsel, but don't be swayed. If you know or even suspect that you a subject in a criminal investigation, it is critical that you consult legal counsel immediately. Do not talk to law enforcement officials, potential witnesses or anyone else without first speaking with an attorney - and DON'T let anyone make you believe that you MUST talk without counsel present.
When you are approached by anyone with questions about a crime or when you come home to find a detective's business card on your door with a note that says, "...please call..." remember, what you do and say right now can have a dramatic effect on the rest of your life... even if you are not involved. Catastrophic consequences are not uncommon for people who were lured into saying the wrong thing to the wrong person.
Do not speak to or trust anyone other than your defense attorney.
It's no secret that the goal of law enforcement is to build cases that can lead to a criminal conviction. Prosecutors and investigators are willing to take their time and expend tremendous resources to build a case against you. No matter what they say, their job is not to protect your rights. It is to get a conviction.
Finally, until you have been arrested, you have no Miranda Rights against self-incrimination, that is to say: Anything that you say can and will be used against you. When you voluntarily talk to law enforcement - or anyone - you can not complain that nobody read you your rights. You do not even have the right to know the charges you are facing.
If you or a loved one is involved in a criminal investigation, please don't wait. The Law Office of David J. Givot can be there to protect your rights AND still allow you to do the right thing.