Criminal Investigations2020-08-20T12:07:57-06:00

Texas Legal Processes :

Criminal Investigations

Criminal Investigations can take many forms. Oftentimes an investigation begins when someone reports a crime to the police.  The accuser’s statement, also known as a formal complaint, is filed with the local law enforcement agency and the process of investigating the complaint beings.  This information gathering phase may include gathering physical items, documents, and witness statements.  If evidence of a crime is discovered, it is attached to the case filed and a warrant for arrest may be obtained from a judge or magistrate.

The police just called me wanting to talk. What should I do?2020-07-31T08:54:30-06:00

BEFORE going in to talk to the police you should call an Attorney.

Police or investigators use many tactics and tools in investigating a crime, however consensual cooperation is among the most powerful tool. Consensual encounters with police carry significantly fewer protections for the person giving consent.  Police are legally able to misinform you, scare you and record you without your knowledge. Oftentimes police will try to get you to consent to talking with them, giving you a false sense of security that by just cooperating, charges will not be pursued. Consensual conversations with police can be extremely risky.  These conversations or interviews are oftentimes recorded by law enforcement and any statements made can be used against you in a criminal case. Once a statement is given, it cannot be taken back. There is no “un-ringing the bell”. An attorney can help guide you and arrange for important information to be shared with law enforcement while protecting your rights.

Protect yourself and ask for an attorney BEFORE you waive your Constitutional rights and speak to law enforcement.

Can I have an attorney represent me during a police investigation?2020-07-30T20:18:58-06:00

Yes. At any time during an investigation, a citizen is entitled to request an attorney to be with them throughout the investigation. Once a demand for an attorney is made, law enforcement may not continue attempts to interview a citizen accused. Do not be afraid to assert your Constitutionally protected right to an Attorney. Asserting your right to an attorney cannot be used against you in a court of law.  You lose nothing by protecting yourself at the first possible moment.

Having an attorney at this stage of the process protecting your rights may impact the course of the investigation and ultimately the prosecution of the offense.

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