Many think the legal process begins at the point of arrest. However, in most cases that is not accurate. The legal process begins when law enforcement begins to suspect some type of criminal conduct. In a traffic violation case, that usually means when the officer sees you violating the traffic code. In serious cases, it could mean when an alleged victim reports being victimized. In a serious drug case, it could mean an extensive investigation that takes months or years to get to the point where an arrest takes place.
This is the best point for our clients to get us involved. When we have a client come to us who suspects they are the target of an investigation, it gives us an opportunity to manage the entire case in a way that benefits them. All options are on the table at that point. Any delay in contacting a lawyer means you might let stages of the case go by without a chance to defend yourself.
For a free case evaluation and help planning what to do even before arrest, call Overson & Bugden’s Utah criminal defense lawyers at (801) 758-2287.
Stages of a Criminal Case Before Arrest
Criminal charges are often issued based on conduct that may have actually happened, but it might not have happened in the way that the police say it did, and it might not have actually been illegal. In other cases, an arrest is a total surprise to you, as you are completely innocent, and they have the wrong defendant. In either case, there may be parts of a case that you know about or have some kind of involvement in that you should talk to a lawyer about even before arrest. As such, it is important to understand the process of a case starting before you get arrested so you know where a lawyer might be able to get involved:
Planning Action
Our lawyers cannot give you legal advice on how to break the law better or how to cover up crimes – that would violate ethics rules and potentially make us an accessory to a crime. However, we can give you legal advice ahead of time as to what moves or decisions might be illegal so that you can act legally. For example, if you are trying to set up defenses in your home, you may want to consult with a lawyer on your legal right to own a gun if you have a past criminal history. Alternatively, you may have questions about your legal ability to drive if you take certain strong prescription medications. Our lawyers routinely help our clients answer these kinds of legal questions so that they can stay on the right side of the law from the beginning instead of facing arrest and investigation later.
Reports of Crime
Police usually get involved in a case when they get a report of something illegal. This could be reports of an ongoing crime, tips that a crime might happen, or a report of a completed crime. If you learn about these kinds of reports, you can have our lawyers step in and be an intermediary between the police and yourself. If we represent you early on in the case, we can make sure that the police go to us instead of to you. If we cannot stand directly between you and the police, we can make sure we are present at any interviews or interrogations.
Investigations
While police investigate a case, they usually investigate the planning, the actions, and the results of the alleged crime. This means looking into the potential motives and discussions of those involved, what they have done – or have yet to do – that might be illegal, and any aftermath of criminal activity, such as stolen goods, injured people, or destroyed property. Our lawyers can step in at this stage to begin to understand what information the police already have, what information you might have, and if there is any legal solution that might end the case there.
For example, if you have evidence that you did not commit a crime, but you know you are under investigation, we might be able to provide the police with the proof of your innocence and end their investigation into you. If you have evidence that might help them identify who really was responsible, that might also help. Alternatively, if you have evidence that you know will lead to your arrest, we may be able to help you understand your rights and document any searches or arrests to look for legal issues that we can use to suppress that evidence later on in the case.
Be sure that we cannot help you break the law or hide from the law, but we can help you understand what the law is, help you turn yourself in, help you cooperate with police, help you desist from an illegal course of conduct, and help you document any violations the police commit against you.
Preparation for Arrest
Police need to get a warrant in most cases to arrest you after an investigation, which means having probable cause. If they do not have probable cause to arrest you, they should not be allowed to get a warrant.
If we know about this plan to arrest you, we can talk to them and prepare ahead of time for the arrest, potentially arranging a time and location for you to turn yourself in, cooperate with police, and get released so that you can avoid jail time, avoid an embarrassing arrest at work, and show utmost cooperation with the investigation. During this process, we can also protect your rights, avoid any disclosures that might point to guilt, and help protect you from police overreach or illegal searches and seizures.
Why to Contact a Lawyer Early
Clients who wait until they are arrested to contact us have most likely lost out on some of the opportunities to guide the investigation and case. More importantly, they have probably hurt themselves by talking to investigators and consenting to searches.
A lot of people who are the target of an investigation will talk to law enforcement because they hope to learn something about the investigation. The old adage that curiosity killed the cat comes to mind. Officers are trained to play their cards close to their vest and most people reveal more than they learn. The better practice is to contact our office and have us gather as much information as possible.
Another advantage to getting us involved early is that if it is clear that an arrest is imminent, we can manage the arrest by arranging a surrender and booking. Often release can be arranged ahead of time, avoiding having to pay costly bail fees or real jail time. Where that is not possible, bail arrangements can be made ahead of time so you are immediately released on bail once the booking process is completed.
Still another advantage of having us involved early is that in certain cases, it is in your best interest to assist law enforcement with their investigation. In those situations, we can manage communications with the investigator so that you don’t incriminate yourself or prematurely give away information that the investigator wants.
Even the defendant who has been caught dead to rights has lots of options available early in the process if he contacts a Utah criminal defense lawyer. Certainly, such a defendant is going to receive more consideration during plea negotiations and more leniency at sentencing where he has conducted himself civilly and professionally.
Is The Info You Give a Lawyer Admissible as Evidence in Utah?
As your attorney, almost anything we say to an investigator is second-hand and therefore inadmissible in court. Even if we end up with firsthand knowledge, judges are generally hesitant to allow the prosecutor to call the defense attorney to the stand to testify against their client. There is also attorney-client privilege that applies to protect even first-hand information from being disclosed.
Planning for Arrest
It is not uncommon for arrest warrants to be served on a family home late at night. Often this creates a dangerous situation that can put you and your family at risk of physical and psychological harm. Frequently children who experience their parent being taken away by officers who use an arrest warrant to break into a home late at night with weapons drawn experience PTSD like symptoms.
You also won’t know if you will be arrested at your place of employment. The police may want to arrest you there if they believe an arrest in your home would pose an unnecessary danger. Unfortunately, your job may be lost.
If you are under investigation but hesitate out of a concern for cost, you should still call now. It is much cheaper to hire our lawyers to talk with the investigator than it is to pay us to file motions and conduct hearings to suppress evidence once law enforcement officers have already arrested you and obtained the evidence they want to use. It is also a lot cheaper to hire us to manage an arrest than it is to get fired from your job because the officers showed up at your job to take you into custody.
A Special Note for Utah County Residents
If you are under investigation by any law enforcement agency in Utah County, please be aware that the practice in that county is to hold persons who have been arrested for up seven days after the arrest before they will be charged.
The practice is that you will be given a bail hearing but no opportunity to have an attorney there to represent you. You will sit in jail for seven even eight days before you see the judge. It is especially important that you contact me before you are arrested.
I am particularly troubled by this practice in Utah County and I prepared to take decisive action to get you out of jail if charges are not filed within 72 hours of your arrest. You are entitled to representation at every stage of the proceedings and that includes a bail hearing. Unfortunately, Utah County is playing fast and loose with the Constitutional right to counsel.
Contact Our Utah Criminal Defense Lawyers Right Away – Even Before Arrest
For a free case evaluation, call Overson & Bugden’s Utah criminal defense attorneys at (801) 758-2287 today.
