Anything you do and say early on during the criminal investigation can be the difference between a conviction or freedom. This also applies even before you are formally arrested.
As soon as the police start asking questions, whether in person or over the phone, you need to hire an experienced criminal defense attorney to help you prepare an aggressive and strong defense against the charges you potentially face. While you may believe hiring a lawyer is a sign of guilt, it’s not – it’s the smart thing to do; having one on your side is the first step in helping you avoid serious criminal penalties.
The following are the five main benefits of hiring a criminal defense attorney while you’re being investigated:
- Speak to the police on your behalf - It is not uncommon to want to try to “clear your name” by “cooperating” with law enforcement officials. Unfortunately, when the investigators are allowing you to tell your side of the story, anything you say can be used against you in court. You should invoke your Fifth Amendment right to remain silent and ask for an attorney. Once the police know you have retained legal counsel, all questioning can be directed through your lawyer.
- Address inaccuracies in police reports - While police officers are required to be objective, they are also invested in developing a strong case against you. They may paint your statements and/or actions in a negative light to have you prosecuted. Hiring an experienced criminal defense lawyer at the outset of your interaction with law enforcement can help prevent or limit your exposure to the possible negative spin and/or inaccurate information shared with the police and consequently the prosecution.
- Build your defense – You are your own best advocate. With your help, your attorney can help build an effective defense from the moment they are retained, including piece together a timeline that led up to your arrest, exploring possible alibis, and/or determining whether law enforcement officials violated your constitutional rights during the arrest. Your lawyer and/or their private investigator can also interview favorable witnesses and prepare you for unfavorable witnesses and evidence. The earlier this can be done, the better.
- Negotiations - If the prosecution is on the fence about which charges to file, and particularly whether to prosecute in the district or superior court, having an experienced attorney involved early on to interface and negotiate with the prosecutor can be the difference between facing lesser/misdemeanor charges or more serious felonies. Having a former prosecutor as an attorney can give you a unique insight into both sides of the courtroom, strengthening your defense.
- Bail – When you hire an attorney at the investigatory stage, before your possible arrest, an experienced criminal defense attorney will seek to make preparations for your release on conditions/bail, including requesting the prosecution allow your attorney to surrender you or be summonsed to court rather than being arrested. An experienced criminal defense attorney will also work with you in advance to develop a plan for posting bail, including conditions, money, and/or property, in advance, if necessary.
If you are currently under police investigation in or around Boston, our legal team at Brad Bailey Law has more than 45 years of combined experience providing our clients with effective and personalized legal solutions to help them avoid serious criminal penalties. As a former prosecutor, Attorney Brad Bailey can anticipate how the prosecution approaches your case and prepare an aggressive legal defense to obtain the most favorable outcome on your behalf.
Contact us today at (617) 500-0252 and schedule a free consultation to learn more about our experienced legal services. We serve clients in Massachusetts and New York.