The criminal investigation phase is not one we normally think of associating with the hiring of an attorney, but maybe it should be. The criminal investigation phase is really the first step of a misdemeanor criminal case. There are steps that an experienced Okmulgee misdemeanor defense attorney can take at this phase to help protect you.
The Type Of Misdemeanor Matters
There are some misdemeanors that involve almost no criminal investigation.
For example, a DUI (driving under the influence) case involves almost no investigation. In this case, there is the stop and BAC (blood alcohol content) testing. There may be issues in the validity of the stop or in the accuracy of the BAC testing. However, there is no active or ongoing criminal investigation.
Let’s say the misdemeanor involved is a different one. There are misdemeanors that require a fair amount of investigation.
For example, certain types of forgeries are misdemeanors in Oklahoma. It may be clear that a signature is forged, but who forged the signature may be the subject of investigation.
How Representation During Criminal Investigation Can Help
Police conduct investigations in various ways. Sometimes, they call and ask questions. Other times, they say they’re “ruling you out” as a suspect. They can be “interviewing” witnesses.
However, a witness interview can make someone a “person of interest.” A person of interest can become a suspect. A suspect can end up being charged.
You may know that an investigation has begun, but you may not know if you are the target of the investigation. This can put you in a dangerous position when you talk to police.
Police are allowed under the law to lie to get someone to incriminate themselves. It is unfair, but it is the law. Many people are not aware this is allowed.
Hiring an Okmulgee criminal defense attorney can make a big difference. At this juncture, a person is not entitled to a public defender. The representation has to be by a private criminal defense attorney. Think of it as a pre-filing investigation representation.
Additional Considerations During A Criminal Investigation
You can and should consult with your misdemeanor attorney before talking to the police. Generally, a defense attorney will advise you against speaking to the police.
You can have an attorney present during a conversation with the police. Your attorney can also act as a buffer. Running all information to the police through your attorney can be the safest way to deal with the police at this stage. Your attorney can answer their questions without allowing any incrimination.
This wall between you and the police can also be helpful in another way. Your criminal defense attorney can also funnel information to the police that helps them rule you out as a suspect. This may be a combination of facts and law that gets filed in a report. This report then makes its way to the district attorney. A more complete view of the possible defenses may mean that no charges are filed against you.
Finally, if a case is filed against you, your attorney will know. That helps you prepare for the arrest. You can arrange for a bail bondsman, which minimizes the disruption to your life.
Every case and every person is different. You will want to consult with an experienced Okmulgee misdemeanor defense attorney to see how we can help.
Free Consultation With An Okmulgee Lawyer
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