Heading Off The Prosecution

Sure, television depicts lawyers doing little else but prosecuting or defending exciting, high profile trials (well, that and having sex with each other, depending upon the TV show in question). What television doesn’t show you as much is the even more important – however banal – desk work of a lawyer – researching, analyzing, and preparing paperwork.

When you see a case going to trial in the United States, by very virtue of the fact of what a trial is, at least one of three things has occurred:

• Somebody didn’t consult a lawyer in time.
• Somebody didn’t listen to their lawyer.
• Somebody’s lawyer didn’t do a good enough job.

This is true of every trial, civil or criminal, high stakes or small claims, state court or federal court.

Even today, I believe that most of what a good lawyer does – or, at least, should do – is prevent his clients from getting into any sort of legal trouble (or, at least, any more trouble than they’re in already).

Both an attorney friend of mine (we’ll call him “John”) and I welcome criminal defense work. We seem to differ, however, on this philosophy. John’s web page describing his services is, to my mind, a bit misinformed – at least, from my philosophical perspective. Specifically, John’s website invites people who have “been arrested or charged with a crime” to call his office.

To me, this invitation is woefully limiting.

A criminal case is like a race where the government already has a significant headstart. When a criminal suspect is arrested or formally charged, the government has already completed a substantial amount of work in preparing its case. If a criminal suspect waits until he has been arrested or charged, he is severely limiting his ability to successfully defend himself. Additionally, if a criminal suspect waits until he is arrested or formally charged with a crime, very likely he has already waived important Constitutional rights which would have aided him tremendously had he actually exercised them.

Therefore, a criminal suspect helps his case tremendously if he contacts a lawyer as soon as he believes that he is suspected of a crime. This might be after police attempt to question him (even if the police say that the questions are merely “routine”). It might be after something bad happens to someone with whom the suspect had some sort of personal relationship, whether the relationship was a “good” one (such as a family member, friend, or significant other) or a “bad” one (such as an enemy or rival). In the cases of some types of crimes, it might also be once the suspect notes some unexplained changes to his home or office environment (such as might occur when law enforcement places surveillance equipment in a room or on a computer).

If you are suspected of a crime, law enforcement has most likely already started building its case against you. If you contact a lawyer at the proper time, you can get the advice you need to build your case too. Additionally, if you are falsely accused, a lawyer may be able to advise you so as to place you beyond suspicion altogether – and allow law enforcement to find the real culprit.

After all, if someone blaming you for their injury told you, “I’m going to sue you,” would you wait until they had actually filed the paperwork before you consulted a lawyer about your liability? (Hint: The right answer is “No.”) Your answer should be the same if you are suspected of a crime. In the world of criminal justice, everything is on the line. Freedom. Family. Friends. Reputation. Job. A criminal suspect simply cannot afford to not speak with an attorney.

Don’t be behind in the race. If you are arrested for or charged with a crime, you definitely need an attorney – but you should also consult with an attorney if you are merely suspected or accused of a crime.

You owe it to yourself – and to your loved ones – to contact Beacon Hill Law.