A frequent question that I am posed with when clients or prospective clients consult with me is whether or not they should speak with the police.
It is the opinion of myself that in most situations it does not benefit individuals to speak with the police, especially if they have not sought the advice of an attorney.
It is a crucial function of law enforcement officials in most instances to gather information. We live in a society where information is valuable in many different aspects and contexts. Information is especially important to police and others attempting to solve crimes.
Therefore, if an individual is faced with criminal charges and has information to provide to police, often times that information can help the individual who is facing charges (or after they have already been charged) achieve a better result in his or her case. Sometimes cooperation with the police is so helpful to someone facing criminal charges that charges are not even brought. Obviously, this is an optimal result from the client’s perspective as the consequences of a criminal conviction will be avoided and the costs of fighting criminal charges will not be suffered.
An experienced criminal defense attorney can help maximize the chance that information provided to police will be beneficial to the client’s case and help to broker a better deal if charges are filed, which obviously is extremely beneficial to the client. In other words, a skilled defense attorney can help to leverage the information that you have to provide law enforcement.
More importantly, it is crucial to retain legal counsel in the event that you believe you are facing charges to decrease the likelihood that there will be misunderstandings that result in criminal charges being filed. Sometimes innocent facts lend themselves to law enforcement officials forming inaccurate conclusions based upon the then available facts and circumstances. This is especially true when all facts are not available, which is usually the case in the beginning stages of investigations.
Also, let's face it, some people don't handle pressure very well. This can result in individuals seeming nervous and therefore guilty when in reality they are innocent.
To recap, the biggest reasons that Attorney Beardsley suggests that you obtain legal counsel before attempting to speak with the police is to ensure that your cooperation with the police ensures that you get the best possible outcome in your criminal or potential criminal case. Generally speaking, the sooner that you get legal counsel involved the more likely it will be that you achieve a positive result in your potential criminal charges or in a criminal case that has already been filed.
It should be noted however that nothing in this post can be considered legal advice since every situation wherein there is a possibility of criminal charges being brought or were they have already been brought is different. The best advice that Attorney Beardsley can give is that if you are or someone you know is facing potential criminal charges or have been charged, you should promptly contact an attorney to obtain legal advice.
Attorney Beardsley offers a free initial consultation for all prospective criminal clients. To schedule a free initial consultation with attorney Beardsley, please call 570–278–2227.