If you’re being questioned about a criminal investigation, you need a Virginia criminal defense attorney. Some people fall for the trap of believing that if they’re innocent, they don’t need an attorney. However, innocent people can be convicted of a crime and end up serving jail time for something they didn’t do. Law enforcement doesn’t mean to convict the wrong person, but there is some human error in the legal system.
Some people get themselves into trouble by going in for police questioning assuming that nothing can go wrong by simply answering some questions. You should know that many things can go wrong during police questioning. There are some questions that police ask designed to catch you off guard so they can record your reaction. And while you might not be guilty, your reactions can make it look as though you are.
Having an attorney present during questioning can protect you from these pitfalls and protect your innocence.
The role of your Virginia criminal defense attorney during questioning
A key role of your attorney during police questioning is to remind you of your rights. Your attorney can tell you which questions you should answer and which questions you should invoke your fifth amendment rights on.
During questioning, your attorney can also guide the conversation and present your alibi. When you’re frazzled and nervous during police questioning, your attorney can help reorganize your thoughts and ensure that you cover the important details that show your innocence.
Your attorney will document the evidence both for and against you to start building your legal case should charges be brought against you. Having this information early can help your attorney provide the best possible defense for you.
Helping you determine when cooperation makes sense and when to avoid all questions is another thing your attorney helps you with. In some situations, answering all the officer’s questions is in your best interest and will do you no harm. In other situations, it’s a very bad idea and can lead to your conviction.
Why police might be investigating you
Sometimes, you might be in the wrong place at the wrong time, leading the police to wonder why you were there and what happened. In other situations, you might be a valuable witness for the prosecution.
Regardless of why the police are bringing you in, just know that things can turn from friendly to hostile very quickly. There are some common crimes that police might be pursuing when they question you. These might include:
- Embezzlement or fraud
- A hit and run
- Drug possession or drug possession with intent to sell
- Assault and battery
- Sexual assault
- Internet crimes or hacking
- Arson
- Unlawful use of force
- White collar crimes
Before you answer questions, be sure that you know the context of why you are there. Your attorney can help you understand law enforcement’s line of questioning and how you might be involved. A case of mistaken identity on security camera footage or witness accounts could mistakenly place you at the scene of a crime.
What if I’m not innocent?
Even if you are not innocent, you need a lawyer. Admission of guilt during police questioning can make it more difficult to negotiate favorable terms in your conviction and sentencing. Your attorney will work to prove your innocence regardless of your guilt. Depending on the evidence against you, your attorney will guide you in making the right call for negotiations.
You should not attend police questioning at any time in the case without your attorney. It is your legal right to always have your attorney present during questioning, no matter what the officers want to ask you about.
All you have to say is that you would like your lawyer to be present for all questioning. If law enforcement continues to ask you questions anyway, invoke your fifth amendment rights and await your attorney’s arrival. You are not required to answer any questions regardless of your guilt.
No matter your level of guilt for a crime, you need a Virginia criminal defense attorney to represent you during a police investigation. Allow Gore & Kuperman to help you avoid wrongful convictions or harsh convictions. Our team of skilled lawyers has more than 35 years of experience handling a variety of case types.
We’ll protect your right to innocence until proven guilty and negotiate to ensure your case has the best possible outcome. Allow us to show you what makes us a premier law firm for your legal representation. Contact us to schedule a consultation today.