YOU HAVE THE RIGHT TO REMAIN SILENT...CAN YOU?

Author: Mark D. Hofstee
Date: 10/06/2009

Being charged with a crime or learning you are the focus of a criminal investigation can be one of the most stressful and terrifying experiences an individual might ever face. No matter what the charge is, attempting to navigate your way through the criminal justice system without competent representation is never a good idea.
Most people know that during a police investigation or immediately following an arrest, you have the ‘right to remain silent.’ The problem for many is they lack the ability. People often believe they can talk their way out of any situation. Police officers recognize this and will give you ample opportunity to say things that will ultimately be used against you. If you are questioned by the police, you should contact your attorney immediately so that they can be present during any questioning, even if you haven’t yet been charged with a crime.
If you have been arrested and charged with a crime, having representation throughout the proceedings is crucial, whether you’ve been charged with a felony or a misdemeanor. Trying to represent yourself or simply pleading guilty to what you believe is a “minor offense” without the advice of an experienced criminal defense attorney can have catastrophic consequences. ‘Minor in possession of alcohol’ or ‘possession of marijuana’ convictions may impact your future ability to obtain a driver license, even if a motor vehicle wasn’t involved in the incident. In addition, criminal convictions remain on your permanent record. Pleading guilty to any crime such as forgery or theft can be used to challenge your credibility if you are ever involved in another court proceeding. This means that years down the road, you could be involved in a lawsuit involving your business where a debtor hasn’t paid you, and your conviction for stealing a pair of sunglasses from the mall years ago can come back to haunt you.
For more than 30 years, we have provided aggressive and competent representation for clients faced with these challenges. We have experienced criminal defense attorneys who practice in all of the area courts. If you’re facing a criminal investigation, give our office a call. We can help.