Being Investigated

Are You Being Investigated?

I am often contacted by people who are under investigation for criminal activity. The most common allegations are sexual abuse matters, but can be for any case, such as employee theft. I get asked, “Do I need an attorney?” The answer is, “ABSOLUTLEY!”

The first thing to remember is, “YOU HAVE THE RIGHT TO REMAIN SILENT!” Exercise that right. I have seen more people talk themselves into a charge than talk themselves out of one.

Law enforcement officers don’t come to talk to someone about allegations of criminal conduct for nothing.  Their job is to investigate criminal acts and bring charges against people they believe violated the law. As a result, they want to talk to the accused to get their version of the story. Sometimes they come into it just hoping to put the matter to bed and be done with it because the matter doesn’t seem worth pursuing, but they have to investigate the claim.  Other times, the investigators believe the allegations and are looking to get the accused to incriminate themselves.

So you talk to the police alone, what is the worst that can happen? You can talk yourself into a jail cell.

If any of you have watched shows like “Law and Order” you will know that investigators have been trained to get people to incriminate themselves. Until that happens, they may not have much of a case to go on.  If they can’t get confessions, they can have trouble convicting you.

The officers are usually skilled at interrogation techniques.  If you say anything that seems odd, or that is inconsistent with the rest of your statement, they will pounce on it. At that point, anything you say is suspect. Once they think you are a liar, how do you talk your way out then?  The only thing they will believe after that is stuff that makes you look guilty.  If you do get charged later and testify at trial, the prosecutor is sure to use those statements against you to show you lied about things or gave inconsistent statements. How will a jury believe you then, when they show you are a liar?

The next thing they may do is ask you to take a polygraph exam. The results that showed you lied are inadmissible. The statements you make during the exam are admissible. After the test, the examiner or the investigators ask you to clarify answers, because sometimes the “answer you gave just isn’t reading right.” Next thing you know, you have said something wrong, and you go to jail.

Then there are the false confessions.  Watch Dateline, CourtTV, or any other investigative news programs. Eventually you will see stories where people confessed to crimes they didn’t commit. The news is full of people who confessed to a crime who later get off of death row when DNA evidence shows they didn’t commit the crime they were convicted of. I have represented people who have confessed to stuff that they didn’t do.  Why would someone do that?

I am sure you know someone who has admitted to doing something just to get his accuser to stop hounding him. Maybe he had an argument with a spouse of girlfriend.  She shuts up when you just say what they want. The harassment and constant questioning stops.

One juvenile client of mine admitted to molesting a sibling. His father was the initial target. The father tried to put the blame on his mentally challenged 13 year old son. The son was left alone for around three hours, then, forced by his father to take a polygraph.  This lasted a couple of more hours. Afterwards, the child was told results showed he lied. Still alone, with no attorney, he finally confessed after about 15 more minutes of questioning by the detective. His testified that he confessed to get them to leave him alone.  When he confessed, the questioning stopped, just as he had hoped. He then went into custody. While the case was dismissed when we appealed the conviction, he was locked up for several months. His father wasn’t looking out for him.  Had he had an attorney to begin with, he may never had been charged and had to go through the ordeal he did.

Getting an attorney does not guarantee that you will not be arrested. Getting an attorney to represent you before you are charged with an offense, however, could mean the difference between a prison cell and no charges at all.

I have represented numerous people during the investigation. Very few have been subsequently charged.  Most that did get charged talked to the police or someone else about the case before contacting me. At that point, a lot of the damage had already been done. Some people will get charged anyway, whether they talk with the police or not.  Your choice to get an attorney may be all the difference in the world. 

Do you want to take the chance of not getting an attorney? Call us so we can help you now.

Contact us about your legal matter today!