Individuals usually seek assistance from a criminal defense attorney once they have been charged with a criminal offense or an arrest is imminent. However, there are many instances when one is aware that an investigation is pending, but no formal action has been taken. In this situation, the police may have sought to question, or to otherwise obtain information from the person under investigation. While it is easy to believe that unqualified and unconditional cooperation with the police will “clear up the misunderstanding,” the hope of such a simple resolution can prove to be naïve, and may be extremely damaging.
During this phase, there are critical choices that need to be made even though they may not be apparent to the person under investigation. It is simply unwise, whether based on a sense of trust that the right outcome will be reached or on anxiety and fear of the unknown, to put one’s fate in the hands of law enforcement officials, working towards an arrest, without having the protections afforded by an experienced criminal defense attorney.
Involving an experienced criminal defense attorney at this stage does not necessarily mean that the police will be “stonewalled” by the defense. In most instances of pre-charge investigations, Alexander Garlin seeks to promptly establish lines of communication with the primary investigating officer and, when appropriate, also with the prosecutor’s office. They work to obtain all available information concerning the nature and status of the investigation. Once they thoroughly discuss the circumstances of the case with the client, they call the officer or detective in order to learn what evidence has been gathered. Alexander Garlin will also obtain all available official documents and reports, and may initiate an independent private investigation, along with other measures to protect their client’s legal interests. This information gathering culminates in an analysis of the case and assessment of what, if any, information should be provided to law enforcement, and what other things need to be done to avoid the filing of criminal charges. If avoiding the filing of charges is not feasible and an arrest will occur, an agreement can usually be made for the client to turn himself in and thereby allowing arrangements in advance to minimize time in jail. Experience has shown that in most cases, establishing a line of communication between the police and the defense attorney, while not permitting communication directly between the police and their suspect, greatly reduces the potential for ugly surprises, and allows for gaining early control that may favorably shape the ultimate outcome of the investigation, even should charges be filed.
- Alexander Garlin has been successful in averting charges in a variety of potential criminal cases.
Alexander Garlin has experience representing individuals who are under police investigation and who have not yet been arrested or charged. Whether you contact Garlin Driscoll, LLC, or other qualified attorneys, we recommend that you do so without delay so that you can better understand your circumstances, and thereby promote informed decision making that could significantly improve the ultimate outcome of your case.
The criminal defense attorneys at Garlin Driscoll, LLC welcome your inquiry and do not charge for initial telephone, e-mail and/or office consultations.