What to do if...

If you've been arrested....

If you have already been arrested then the following might be too late unless they have internet access at your local lock up. In any case there are several recommendations which bear repeating. First and foremost, DON'T TALK. One of the most precious rights we have living in this country is the rock solid right to remain silent. It is a wonderful right -- exercise it. Contrary to what you might think you can rarely, if ever, talk your way out of being arrested. Any statement you give the authorities will almost certainly be used against you. Even if you tell them that you're innocent any other statement you give them might later come back to haunt you. Therefore, the safest and smartest move is to simply keep your mouth shut.

Second, ask to speak with a lawyer -- any lawyer, even if its a public defender or your real estate lawyer. The minute that you ask to speak with a lawyer the authorities must stop interrogating you. If the lawyer you asked for shows up chances are good that he'll refer you to the first recommendation -- DON'T TALK. Of course, the best course of action is to call an experienced defense attorney. Why? Because having a good criminal attorney involved in the earliest stages is real important. By becoming involved early the attorney will be better prepared at the first hearings you'll have like the bond hearing and the arraignment. Occasionally, the early involvement of a defense attorney can lead to a lesser charge being filed or a better disposition of the case.

Third, and this is really an extension of the first, don't talk to anybody about your case except your lawyer. This includes the jail guards, your cell mate, or even your family.

If you've been contacted by law enforcement...
 

Sometimes the first interaction with the authorities is not an arrest. This is more common in the Federal system than in State systems. If a law enforcement agent comes to your home or office and asks to speak with you your first reaction should be to ask to see identification and, if possible, request a business card. There are several reasons for this. First, they might not be who they say they are. Second, their I.D. or card will identify what agency they work for. Third, the name and agency of the agent will be important to the attorney. Your second reaction should be to very nicely inform the agent that you want to speak with your attorney and that your lawyer will be in touch with them later. If they then proceed to arrest you don't feel bad -- they were going to arrest you anyway regardless of what you would have told them. If they try to convince you to speak with them again very politely inform them that you wish to speak with your attorney first. You should be completely unconcerned about how that makes you look. Innocent people are also entitled to speak with their attorney. Even if you think you have done nothing wrong you should not speak with them until you have had an opportunity to speak with a lawyer. Why? Because you may have unwittingly committed a crime and just don't know it. This is not altogether uncommon. If they turn around and leave you should then run, not walk, to your attorney. Don't have one. No problem -- find one. Fast.

As when you have been arrested the early intervention of a criminal defense attorney can often save you a lot of grief later. I have personally been involved in cases where my early intervention led to charges never being brought or to a disposition that did not involve criminal charges such as a civil resolution of the matter. Having a lawyer involved early on immeasurably increases the chances of resolving the matter in a positive way -- be it getting the charges not filed, resolving the case in an alternative manner, or increasing the chances of an acquittal if it gets that far.

If law enforcement agents are looking for you...
 

This is a similar scenario to the one above except you weren't home or in your office. In this situation you don't have to tell them that your attorney will call. Rather, you again run, not walk, to a criminal defense attorney. If they have left their name and number he will call them. In that event, if the agents are looking to arrest you your lawyer will be able to arrange for your surrender to them or to the Court. This will increase your chances of getting a bond that you can post. Courts always look favorably on some one who has voluntarily turned themselves in. Again, however, the importance of having a lawyer is important. If you turn yourself in to the agents directly they might later dispute that you did so voluntarily. Having a lawyer in the middle will insure that the Court is aware that you did so on your own volition. Having the lawyer call might also save you the embarrassment and inconvenience of having the agents handcuff you in front of your family, friends and/or co-workers. Finally, if they are not looking to arrest you but simply speak with you your attorney will be in a position to determine whether or not it is your best interest to speak with them. This will, of course, depend on why they want to talk to you and about what. In truth, you might simply be a witness with no criminal exposure but that's what attorneys are for.

What can happen if you don't hire an attorney...

A lot of bad things can happen if you don't hire an attorney right away. Basically, it's pay me now or pay me later. Except that later is usually more difficult. It's my smart clients that get into the most trouble. They figure they can talk their way out of anything and usually the agents are counting on this. Why? Simple. No one is that smart. If you have done something wrong chances are that your statement to the agents will end up tripping you up. That is, of course, even assuming they take your statement down correctly. I have rarely seen the case where a client's statement has helped them over the long run. There indeed may come a time when you want to speak with the authorities but only after your lawyer has insured that your rights are protected. (For example, by obtaining an immunity letter from the Government.) Bottom line, you should never agree to speak with agents without your attorney being present. You should never agree to a search or a line up or other identification procedure without speaking with a lawyer. Period.
 

Roland Gutierrez is an experienced criminal trial and family law attorney. The single most important goal is to ensure that his clients receive justice and due process.