Should My Loved One Speak With Law Enforcement Officers After a Criminal Accusation?

I am often contacted by parents and family members of loved ones arrested in the Santa Clarita Valley, and ordered to appear in court at a later date. A common misperception is that the accused should speak freely with the law enforcement officials, in order to make things go easier in court with the judge. To some degree, I think that interrogating officers suggest that things will go better if they cooperate with an investigation. My opinion, as an attorney with almost 15 years involved in criminal law, is that an accused person should first consult with a criminal defense attorney before making any statement to law enforcement officers. The consequences are too substantial to make any statement to law enforcement without fully understanding the direction of the investigation.

My first concern with a client making statements to police is that the law enforcement agency may not have a viable case, and a skilled interrogator may elicit information which suggests a violation of the law. Interrogators will also try to develop a more serious case, when possible, such as a burglary charge to accompany a shoplifting one. Another concern is that experienced interviewers know that cooperative accused persons want to please their interrogators, and accused persons may make untrue statements to make an interrogator have a better perception of the investigation. This type of admission can have devastating consequences.

Legal representation at the earliest possible stage may prevent the above problems, as well as a few additional ones. An attorney can speak on a client's behalf, develop a dialog with law enforcement and prosecutors, and perhaps steer a case in a more productive direction. In my experience, it is never a good idea to speak to law enforcement officers without representation from a criminal defense attorney.