It's a common query I receive from individuals who find themselves under investigation, with law enforcement probing their potential involvement in a crime.  In my professional opinion, engaging an attorney at the outset of a potential criminal case is a proactive step that puts you in control of the situation. While the police are busy assembling the puzzle pieces, you're already a step ahead.

So, when they do that, they're going to come and try to talk to you at some point. You'll want your criminal defense attorney present, who can act as a buffer, and you'll want to be able to say to them, 'I have an attorney. '  My attorney has advised me not to make any statements.  Here's his business card.  Here's his name.  Here's his phone number.  You can deal with my attorney, and I won't say anything.

Because I would say better than nine times out of ten, if you talk to the police, you're going to end up saying or doing something that incriminates you.  When the police come to talk to you, and they're investigating a criminal case, unfortunately, everything is one-sided at that point.

In other words, they usually have a theory about what's happened, and it's that you've committed some sort of crime. They're trying to get you to give them some evidence so when they give the case to the prosecutors, they can have a piece of evidence from you that incriminates you. I can't tell you how many times people think they're going to talk their way out of something, and they end up saying something that incriminates them.

Another problem I see is that people may not say something that incriminates them, and the police may not tape-record it. So then they twist what the person says and try to make it sound like they said something incriminating. How are you supposed to unring that bell?

Just remember, if you don't say anything, then at least you have a good chance that they won't lie about what you said, and they won't be able to use it against you. It's a simple but crucial rule: don't say anything without your attorney present. This awareness of your rights can protect you from potential pitfalls.

When you want to say something, your attorney is guiding you under the right circumstances.  Therefore, hiring an attorney from the outset for this reason alone is critical.  Additionally, there may be issues that arise during the investigative phase that require your advice.

Attorney Guidance Through The Criminal Process

You're going to want to have your attorney there by your side, advising you and guiding you as to exactly how to handle a particular situation that relates to your case, and how you are going to do that if the attorney doesn't know anything about your situation. You're in a panic trying to get to an attorney, trying to educate them on your case when you could have just, once you found out about it, hired an attorney, given him all the information, and let them guide you through it.

Yes, at the pre-filing stage, sometimes you just have to sit and wait, but you're doing so with an attorney who knows your case. When something does come up—when the police come to get you—when the prosecutors want to talk to somebody who knows something about your case—your attorney is there.

They know the case.  They are familiar with the ins and outs of it.  They know what is good for you.  They know what is bad for you, and they're going to be able to guide you through it.

You get one chance to defend yourself in a criminal case.  If you blow it — for example, let's say someone calls you who's related to the case — maybe the alleged victim in the case, and the police tape-recorded it, which they're allowed to do — it's called a pretext phone call, a call made by law enforcement to a suspect under the guise of another person, to elicit incriminating statements — and you take that call. You start talking to them, answering their questions, and apologizing, or whatever you do; now they're going to try to use that against you in the criminal case.  Why would you do that?

Instead of taking the call, your attorney will advise you to tell the caller that you can't make any statements because your attorney has advised against it.  Your attorney will take responsibility for that decision and will guide you on when to speak and when to remain silent, ensuring you don't inadvertently incriminate yourself. This is a key role of the attorney in your defense strategy.

Therefore, I strongly advocate for the early engagement of a criminal defense attorney, especially when you're aware of being under investigation or suspect it might happen soon. This step is crucial if you want to avoid any inadvertent self-incrimination. Remember, the sooner you have an attorney by your side, the better your chances of a favorable outcome.

One of the benefits of early attorney intervention is the peace of mind it provides. Knowing you have a legal expert who understands your situation and will navigate you through it can significantly alleviate the stress and anxiety that often accompany legal proceedings. After all, you only get one chance to do it right.

Prefiling Intervention To Avoid Criminal Charges

You want to ensure that you defend yourself correctly and achieve the best possible result, and the only way to do that is to have an attorney from the outset. A lot of times, you don't even know that you're being investigated, so you don't get the opportunity to hire an attorney pre-filing.

If you suspect that you will be investigated, you should consult an attorney.  Sit down with them.  Retain them.  Tell them everything about your case, and then let them figure out what the next move is. And sometimes, which is not easy for people, the next move is to sit and wait and do nothing. There's nothing wrong with that in certain circumstances, because by doing something in some of these scenarios, you just end up making matters worse.

So, if you've got a criminal case in Los Angeles County pre-filing, pick up the phone. Make the call now, and we can get your matter moving in the right direction, ensuring that nothing is done that makes things any worse for you.