What should I do if I’m under investigation for a crime?
If you are under investigation by law enforcement then you should call me for a free consultation.
Whether you are guilty or innocent, you need to act in order to protect yourself from law enforcement and from the state of Oregon. If you adhere to the following advice you will protect yourself in the best way possible.
Do Not Speak to Law Enforcement
If you are the subject of an investigation, the most important thing you can do to protect yourself is to refuse to speak to law enforcement. You should also never consent to the search of any property of yours. If you are contacted by law enforcement you should immediately invoke your right to an attorney and refuse to speak to the police. You should call me immediately. It is very likely that the police have already made up their mind. When they contact you to speak with you they are trying to gather evidence against you, not give you the opportunity to talk them out of investigating or arresting you.
People are often scared that if they do not tell their side of the story then they will look guilty. However, this is not true. Neither a judge nor a jury can use your right to a lawyer or your right to remain silent as evidence against you. If your case goes to trial, the jury will not hear evidence of you invoking your right to a lawyer. It is always in your best interest to have a lawyer communicate with the state for you.
Call Me For a Free Consultation on Criminal Cases
The state has vast resources and they will use them against you. If you believe you may be under investigation then call me immediately. I will speak with you for free and advise you on what you need to do to protect yourself. If you retain me to help in your case I will begin working on it immediately.
Do Not Speak To Anyone
Not only should you refuse to speak to law enforcement, but you should not speak to anyone about your case, with the exception of your lawyer. Anything that you say to anyone can be used against you at trial. If you tell a family or friend what happened then the district attorney can subpoena them to trial and force them to testify to your statements. Any statement you make to your lawyer is privileged and your lawyer will never tell anyone about that privileged conversation.
Beware of the Pretext Phone Call
Under Oregon law it is legal for someone to record your phone conversation without telling you, including a police officer. The pretext phone call is a valuable tool for law enforcement. The police will meet with the victim of a crime or a witness and have them call you on the phone. The person will then attempt to confront you about the crime you are under investigation for in an attempt to get you to make an admission or confess. All the while the officer will be recording the conversation. If you receive a suspicious phone call about a past transgression of yours, hang up the phone and call me immediately.
Do Not Take a Polygraph Examination
Polygraphs are inadmissible in trial. The police often use these to corroborate their case against you. Often times these polygraphs are administered by an individual that is friendly to law enforcement. If you fail your polygraph test, then the police will you use it to interrogate you in an attempt to obtain a confession. If you pass your polygraph, it is inadmissible in your trial anyways and the police will disregard it. Remember that they have already made up their mind about your guilt. Studies exist that suggest that polygraphs are wrong as much as 50% of the time.
Do Not Write Anything Down
If you write something down and someone finds it, then it can be used as evidence against you. If you are trying to remember everything that you can, tell it to your lawyer and have your lawyer write it down.