Have you learned that the police have begun investigating you for a crime? While you may think you do not need an attorney until the police choose to arrest and charge you with a crime, foregoing legal help could be a big mistake. The sooner in the criminal investigation process you hire an attorney, the more they can do to protect your rights and freedoms.
Importance of Legal Representation Early in a Texas Criminal Investigation
Obtaining legal representation as early as possible in a criminal investigation can benefit you in various ways. First, hiring a lawyer early in a criminal investigation allows you to get a head start with your investigation and criminal defense preparation. A lawyer can also advise you on your rights and options during the investigation, including if investigators ask you to answer questions. An attorney can communicate with the police and prosecutors to present evidence that clears your name, which may convince the police and prosecutors to drop the investigation without charging you with a crime. If prosecutors decide to proceed with criminal charges, an attorney can negotiate your surrender to help you avoid the emotional stress or embarrassment of an arrest.
Understanding Your Constitutional Rights
When the police put you under criminal investigation, the state and federal constitutions establish various rights you have as a criminal suspect or a person of interest. First, you have the right to remain silent and refuse to answer questions from law enforcement investigators. This right extends even before the police arrest you or charge you with a crime. During a criminal investigation, the police may ask you to come to the station to answer questions. However, you have the right to decline to speak to the police. Furthermore, if police officers stop you in public, you have the right to walk away unless the officers choose to detain you; police require reasonable suspicion of criminal activity to detain an individual or probable cause that a person has committed a crime to arrest them.
You also have the right to consult an attorney while under criminal investigation. An attorney can help you understand your legal rights and what to do if law enforcement investigators contact you during an investigation.
The Constitution also affords you a privilege against unreasonable searches and seizures. As a result, law enforcement cannot search your person, vehicle, or home without a search warrant. Investigators must prove to a judge that they have probable cause to believe they will find evidence of a crime in a proposed search before the judge can issue the warrant. When the police do not have time to obtain a warrant without risking the loss or destruction of evidence, the law authorizes police to conduct a warrantless search if they have probable cause to believe it will uncover evidence of a crime.
How an Attorney Can Protect You Before Charges Are Files
Having legal representation can protect your rights and options even before police and prosecutors choose to file criminal charges against you. Some of the ways that a criminal defense attorney can help you during an initial investigation include:
- Conducting an independent investigation to find evidence of your innocence
- Communicating with investigators and prosecutors on your behalf so you do not have to talk to the police
- Contesting the police’s evidence to resolve criminal suspicion against you and avoid the filing of criminal charges
- Explaining the potential criminal charges the police have investigated and preparing you for what to expect if prosecutors choose to charge
- Negotiating with law enforcement and prosecutors to facilitate your booking or arraignment to save you the stress and embarrassment of a sudden arrest at home or in public
Remember that hiring an attorney does not represent an admission of guilt. When you come under criminal investigation, hiring a lawyer does not automatically signal guilt.
Selecting the Right Criminal Defense Attorney in Texas
Hiring the right criminal defense attorney when you come under criminal investigation in Texas can help you protect your rights, reputation, and interests from the consequences of a potential arrest and conviction. When hiring legal representation to help you with a criminal investigation, factors you should evaluate in prospective criminal defense attorneys include:
- The attorney’s professional experience, including how long they have practiced law, how long they have practiced criminal defense, and whether they have prior experience as prosecutors or public defenders
- Whether the attorney focuses on criminal defense, including what percentage of the attorney’s caseload includes criminal defense cases
- Whether the attorney has experience handling the charges you face
- The attorney’s litigation experience, including how many cases they’ve taken to trial
- The attorney’s track record, including their percentage rate of obtaining favorable plea deals, dismissal, or acquittals
- Whether the attorney has board certifications or awards
Immediate Actions to Take If You’re Under Investigation in Texas
Steps you should take after discovering that the police have opened an investigation against you include:
- Begin gathering evidence and documentation that you may need for a legal defense against criminal charges. Do not hide, destroy, delete, or throw away anything relevant to the investigation, as you may face charges of destruction of evidence or obstruction of justice.
- Refrain from speaking with police officers or prosecutors until you have consulted a criminal defense attorney. Although you may believe you can talk out of criminal charges or want to “clear things up,” law enforcement investigators have considerable training and experience in getting criminal suspects to make inculpatory statements or confessions.
- Do not try to talk to alleged victims or potential witnesses, as you may face witness tampering or victim intimidation charges.
Finally, contact a criminal defense attorney as soon as possible to obtain legal advice and representation as you face a criminal investigation and potential prosecution.
Contact a Texas Criminal Defense Attorney Today
Hiring experienced legal representation as early as possible can best protect your rights and interests. Contact the Law Office of Case J. Darwin, Inc. today for a confidential consultation with a Texas criminal defense lawyer to learn more about your rights as a suspect during a criminal investigation and how our firm can help you pursue a favorable resolution to an investigation.
