An aggressive criminal defense attorney will not only guide you through an investigation, but will create and execute a tailored strategy to prevent you from unwittingly helping investigators build a case. Just as crucial, experienced defense attorneys at this stage will begin a counter-investigation by interviewing witnesses, issuing subpoenas, and locating exculpatory evidence. These steps can set the foundation for defending against future charges, mitigate penalties, or may even serve to fend off a criminal prosecution entirely.
The initial days of an investigation will wind up being the most crucial – an arrest can be prevented, or a case can be won at trial, depending on what steps your defense attorney takes early on. The moment our firm is hired, a counter-investigation begins. Many individuals who suspect that they are under criminal investigation, and even many inexperienced attorneys, take a “wait-and-see” approach, simply hoping that charges will never be filed. That is a serious mistake.
A seasoned criminal defense laywer employs a different approach by taking full advantage of this early opportunity to interview witnesses, issue subpoenas for documentary evidence, hire the appropriate investigators or forensic experts, and release specific information to the media consistent with our calculated defense strategy. These steps, and others, are taken with the express aim to turn the tables and fend off criminal charges. This focused, rigorous attention to detail continues seamlessly through the subsequent phases of an arrest, prosecution, and eventual resolution or dismissal of a case.
During an investigatory phase, law enforcement (NYPD, SEC, FBI) will use any and all resources at their disposal to build a case against you. This will include search warrants, wiretaps, forensic accounting, and many other forms of surveillance and subpoena use.
Perhaps most damaging, at some point, these agencies will begin contacting witnesses, convening grand jury investigations, and will ultimately try to speak with their target. Without having a criminal defense attorney at this stage, many individuals try to talk their way out of it with law enforcement, thinking they can evade arrest on their own. These admissions are almost always used later on during prosecutions, which are almost never fended off unless a criminal defense attorney is able to convince prosecutors to decline a case at its inception.
Those who proceed forward without a criminal defense attorney at this stage expose themselves to several risks as the case proceeds forward:
Statements and admissions made to law enforcement will be used against you in a later prosecution
Obstructing justice and lying to a federal agent are common charges which are added on to those who try to impede an official investigation without a lawyer
Missing out on preserving critical defense evidence through forensic accounting and other methods that your lawyer can implement, prior to your devices being seized
Ultimately, the government’s case will become stronger the longer they are able to work up a case against an unrepresented individual
As a former prosecutor, I know how these agencies work, whether it be the SEC, DEA, NYPD, or FBI. I know how prosecutors build their cases. Our law firm will provide a buffer between you and these investigations, and ensure that your rights are protected. Without an experienced criminal attorney at this stage, you may attempt to speak directly with investigators or produce documents – almost always, these efforts do more harm than good.
While you will undoubtedly hire a skilled defense attorney after you have been charged, a criminal investigation may take many months. That means, by the time charges have been filed, evidence may be lost and investigators may have spent a significant amount of time developing relationships with key witnesses. Hiring a criminal defense attorney at the outset, therefore, will allow your attorney to conduct a beneficial counter-investigation.
If you even suspect that you are in the cross hairs of an investigating agency, do not hesitate to reach out to a former prosecutor and seasoned criminal defense attorney. Many investigations have been thwarted, stemmed off, and ultimately ceased after our firm has been retained.
In the early stages of a federal or state criminal investigation, the outcome may still be wide open. The sooner your matter is in the hands of an experienced investigations and criminal defense lawyer, the more opportunity you will have to work toward a favorable outcome.
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