Citizens under criminal investigation always ask, ” When should I talk to the police?” People have a natural inclination to want to talk to the investigating detective in order to clear their name. The only correct answer to that question is ” When your lawyer tells you to talk to the police.”
Some individuals who are under investigation and feel that they have done nothing wrong and won’t even sit down and discuss their situation with a criminal attorney. They mistakenly believe that the very act of consulting with a criminal lawyer will be interpreted by law enforcement as a sign of guilt. Most experienced police investigators actually don’t hold against a suspect for consulting with an attorney. Believe me, if an officer comes under criminal investigation they immediately seek counsel with a criminal attorney.
The fact that an individual under investigation consults or hires a criminal attorney can’t be used as evidence in a criminal trial against the defendant. The courts recognize that citizens have a absolute right to legal representation and won’tallow a prosecutor to use that as evidence against them in a criminal trial.
In the end it is the criminal attorney who must make the decision whether a client should interview with law enforcement. That decision can only be made after the criminal attorney has had time to investigate the case and then decide what is in the client’s best interest.