It is perfectly normal to think this way and this is a question that almost every client that is under investigation asks during our initial strategy session.  Learning that you are under criminal investigation or that the police want to speak with you is nerve-racking and downright scary. You may even think that it’s best to just go ahead and speak with police so that this nightmare can end.  To be honest, there may even be some truth to the fact that police or a prosecutor may think twice about you wanting to have an attorney present before you speak with them. However, you can get yourself into trouble (or even more trouble) if you go ahead and speak with them without having an attorney in your corner.
I know, you’re probably wondering, ‘what if I’m innocent?’ or ‘won’t they know I’m guilty?’ Keep in mind that if they want to talk to you, they already think you’re guilty or may be involved somehow. Ask yourself this question: “Would I rather have them think I’m guilty and make sure my rights are protected or do I gamble and give them evidence they can use against me?”

It’s Your Constitutional Right

All of us have the constitutional right to not be forced to be a witness against ourselves (right against self-incrimination) and the right to counsel, meaning you can refuse to speak to police altogether or have an attorney present while speaking with police.  The police officers, detectives or agents that contact you and the prosecutor involved in the case know this and most will not hold your desire to speak with a lawyer against you.  If you end up getting arrested and become the subject of a case, they cannot use your silence against you.  And I’d be willing to bet that most police officers and prosecutors that found themselves in your shoes would opt for a lawyer before speaking.

Police Interrogation Tactics

Remember, police are trained in interrogation tactics and know how to get you to say certain things that could help their case.  They can also lie to you in order to get you to say certain things.  Basically, only they know where they’re trying to take an investigation or what their ultimate conclusion is.  This means they can get you there by getting you to say certain things without you even knowing and all while you think you’re answering in a way that will make you look 100% innocent.
Every search you consent to, or every statement you give police before protecting yourself by hiring a criminal defense attorney that will protect your rights makes your case that much more difficult.  It’s more difficult to get rid of evidence the police have already obtained because you cooperated with them before hiring a criminal defense lawyer than it is to not give them additional evidence in the first place. 

Do You Find Yourself In Need Of A Miami Criminal Defense Lawyer?

If you've recently found yourself in need of an experienced criminal defense attorney in Miami you should contact me as soon as possible. Please feel free to contact me online or to call my Coral Gables office directly at 305.707.7345. You can also request my free book "The Ultimate Guide To Fighting Criminal Charges In Florida", a detailed download discussing the myths, rumors and hearsay often associated with criminal charges, what to expect from your criminal court proceedings and important steps you must take to battle your charges.

Daniel Izquierdo
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Coral Gables defense lawyer helping clients accused of Federal Crimes, DUI, Domestic Violence & Sex Crimes.