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Why contact an attorney when being investigated?

On Behalf of | Sep 13, 2021 | Blog

An FBI agent may appear at the door of an Ohio suspect’s resident, and the suspect may feel both shock and fear. If a federal officer wants to ask someone questions about his or her possible involvement in a crime, the matter appears serious. The agent’s arrival is not likely the first step in the investigation, either. Perhaps the FBI compiled evidence in the inquiry and now wants to procure an incriminating statement. Without an attorney’s assistance, a suspect may end up in serious trouble.

Dealing with law enforcement investigations

When approached by law enforcement to answer questions, citizens may not realize they are the ones targeted by the investigation. Keep in mind that FBI agents and police officers may be deceptive when questioning someone. The motivation here could involve attempts to get the suspect to make incriminating statements. Those statements could become a substantial part of the prosecutor’s case.

Often, an FBI agent or another law enforcement officer could make the suspect think nothing is wrong; all they want to do is talk. Lulled into a false sense of complacency, someone could make statements that could make an eventual criminal defense far more challenging. Refusing to answer questions or speak to anyone without an attorney present could avoid a legal disaster.

Constitutional rights and law enforcement investigations

The United States Constitution provides many rights, including ones intended to protect people from abusive and unfair criminal persecutions. People have a right to an attorney and a right to remain silent. Unfortunately, many individuals do not understand fully these rights.

Someone who invokes the right to remain silent or request an attorney usually only comes into play when formally arrested. A suspect could refuse to speak to law enforcement at any time and refer the officers to an attorney.

Don’t expect an FBI agent to provide any advice about one’s rights. When someone hears the Miranda rights, a formal arrest takes place. Maybe the arrest occurs because the person admitted guilt trying to explain a situation. Again, such situations could mean a pending criminal defense becomes more complicated than it should.

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