You might think that cooperating is your only option if you are going to be arrested or questioned by law enforcement authorities. You may believe that doing so will protect you from an unfavourable outcome. However, speaking with officers or investigators increases your chances of incriminating yourself.
In court, anything you say to the police could be used against you. Therefore, you must speak with an experienced criminal defence lawyer who can guide you through the procedure and, if necessary, at trial. Choosing a criminal defence lawyer in advance and having him prepared to act on your behalf is a good idea.
Keep reading to find out why it is best to consult a criminal defence lawyer before speaking to the police.
The Details You Share Might Result In Your Arrest
Since the majority of people are not knowledgeable about the nuances of the law when speaking with the police, they occasionally say things that could result in their arrest, even if they are innocent. In these situations, it’s best to inform the police that you won’t speak to them until your lawyer is on the scene.
As no one ever confesses to committing a crime, investigators typically question you to establish evidence against the suspect rather than to elicit a confession. This implies that if they are successful in getting enough information from you to identify you as a suspect, you will be put under arrest. The misconception is that police have to inform you if they intend to use the information you gave them against you.
Police are obliged to read the Miranda Rights only when they have to arrest someone. In sexual assault investigations, law enforcement will frequently interview a suspect without placing them in custody, release them after the interview, and then arrest them later that day, the following week, or the following month.
You Are Unaware Of Your Options
Most of the time, you will be unaware of your options. Therefore, it is always preferable to let a criminal defence lawyer handle the case. You’ve probably seen in television shows, and movies that cooperating with the police can help you resolve situations involving fraud, theft, or money laundering.
Without consulting a criminal lawyer, you cannot determine if you possess critical information that might be exchanged for your freedom. If you intend to reveal information about the crime, a lawyer can also protect your interests through cooperation and non-prosecution agreements.
Also Read: What Are Your Rights If You Are Detained By Police?
You Are Not Aware Of What You Are Up Against
Experienced criminal defence lawyers are aware of the resources and efforts that law enforcement commits to investigation and prosecution. A jury trial in a criminal case is a very narrow line. Facts matter whether they are true or false. If the accused makes a mistake while being questioned, it could mean the difference between being found guilty or not.
A qualified criminal defence lawyer can explain the investigation and offer guidance on what to do before speaking with law enforcement. The most crucial piece of advice is to consult a lawyer before deciding whether to speak with the police or exercise your constitutional rights.
Investigations Are Confidential
Many people are willing to speak with the police without a criminal defence lawyer present because they want to understand what is happening, and they will give the police any information they require.
The majority of those who are being investigated are understandably terrified out of their minds, so they want to help with the investigation to learn what will happen next. Even for those who cooperate, the police are not required to disclose details of the ongoing investigation.
What Can An Attorney Do?
When you hire a criminal defence lawyer, they will fulfill their commitment to you by defending you against all allegations. Additionally, they will represent you in court if your constitutional rights are violated. As your case progresses, they will also keep you informed and explain your rights to you.
After you speak with a lawyer, they will assess the factors that might have an impact on your case. Their knowledge of law and constitution can help you advise on how to respond to your charges or investigation.
About Daryl Royer
Mr. Royer is an Edmonton-based criminal defence lawyer who has handled cases in British Columbia, the Northwest Territories, Alberta, Saskatchewan, and Ontario. He has five Supreme Court appearances under his belt and a wealth of experience handling cases in different provinces. Learn more about Daryl Royer and his criminal defence services.
Need an experienced and trustworthy criminal defence lawyer? Contact Daryl now.