Frequently, and especially during domestic violence investigations, members from the NYPD will call you or visit your home if they believe you have committed a crime. Oftentimes, NYPD detectives will inform you that they are merely seeking to “speak” with you. And, almost every single time, this means that the NYPD already has an active arrest warrant and will charge you regardless of whether or not you “speak” with them.
This final effort, therefore, is to not let you talk your way out of charges. Rather, it is an attempt to gather any additional incriminating information directly from you, which will surely be used by prosecutors in their efforts to later secure a conviction by plea or at trial. Nothing is more damaging than when a jury hears incriminating information which originated directly from the defendant.
It is of the utmost importance that you contact a well-versed NYC criminal defense lawyer if you are contacted by the NYPD to speak with them. Undoubtedly, the detective is already seeking to arrest you, and unless you have a defense attorney respond on your behalf, you will unknowingly incriminate yourself with any statements you make.
There simply is no talking your way out of this, there is only talking your way into a more serious hole. Be weary of any communication from NYPD, whether they state that you are a witness, or that they just want clarity, to straighten things out, or for you to cooperate. These buzzwords are designed to lower your guard and to make you bypass hiring a criminal defense attorney.
If you elect to go about an NYPD investigation without a criminal defense attorney, you will simply damage your case and increase your potential penalties when faced with a criminal prosecution.
If you are being investigated by the NYPD, and if they contact you in either a confrontational or casual manner, do not speak with them. Instead, contact a former prosecutor and seasoned defense attorney.
The way in which this process is handled is crucial to your protection, and if defended correctly, can shield you from future criminal exposure. Missteps at an early stage will undoubtedly lead to a criminal prosecution based in part on incriminating information obtained during these investigations; as such, potential federal penalties may be unavoidable if you are not represented by an effective criminal defense attorney.
It is imperative, therefore, that you hire a criminal defense attorney to assure that the investigation is narrowed, and the responses made are appropriate and exculpatory. It is also crucial that your defense attorney, without hesitation, begins a counter-investigation by identifying witnesses, locating corroborative evidence, and issuing subpoenas. Do not be naive or misguided during this process. Just because there may not be a threat of an imminent arrest, an investigation by the NYPD can have devastating long-term effects.
The sooner you put your matter in the hands of an experienced NYC criminal defense lawyer, the more opportunity you will have to work toward a favorable outcome.