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In this article I will be taking a break from some of my earlier articles on Homicide and Homicide Defenses.  I will discuss the various ways in which a Criminal Attorney can asist you and when you should immediately seek the services of a Criminal Attorney. 

1.  IF YOU ARE BEING INVESTIGATED FOR A CRIME

If you are being investigated for a crime it is imperative that you get an Attorney to help explain to you your legal rights.  Many people think that if they are not yet charged with a crime they are fine and do not need legal asistance, I have even heard Attorneys say this.  That advice should be discarded.

When the District Attorney reviews a case they have a very limited amount of information on which to base there decision regardin whether or not to file charges.  Almost all of that information comes from Law Enforcement.  It would help if you could start your own investigation and get that information to the police and to the District Attorneys office as soon as possible.  

If you make statements to any Law Enforcement officers those statements can and will be used against you.  I have heard clients ask me if it is ok to talk to the police before they are charged with a crime.  Many think that talking to the police at this stage is harmless.  This is very wrong.  The police will usually interview you in a out of custody environment, this means they do not have to read you your rights and they will tape the converstion.   You are now stuck with that statement and you cannot change it. 

The only time the police must give you Miranda warnings is when you are under

1. police dominated 

2. custodial 

3. interrogation

Therefore, these statements usually taken in a non custodial setting will be used against you. And almost never have I ever seen a statement help a person accused of a crime.  I say almost never because ther are as with anything exceptions to this rule.  

2.  IF YOU ARE ARRESTED

This should seem obvious but sometimes is not.  The police will attempt to interrogate you immediately after you arrest.  You should immediately invoke your rights.  You should do this in an unequivacal manner so that there is no doubt as to exactly what you are doing.  In other words say I am not talking to you without an Attorney and then get an Attorney. At this point nothing you say will un arrest you.  

You shold then call an Attorney and explain your legal problem and make a choice as to the Attorney that you want.  

As a former probation officer, deputy district attorney, adunct criminology instructor and defense attorney for more than 14 years with acquitals in more than 5 different counties I know the ins and outs of they system. 

If you have any further questions do not hesitate to call 559 441 1418.

 

 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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