Image this scenario:
You’ve just been brought into the police station for questioning. You have no idea what for. The officer takes you into a dimly lit interrogation room that overwhelmingly smells like cleaning product. You sit at a table in an uncomfortable chair waiting for what seems like hours, casting anxious glances at the two-way mirror. The second-hand on the clock makes a steady ticking sound, emphasizing the near silence and slow passing of time.
Finally, a stern investigator walks in with a folder and notepad, closes the door, and sits across the table from you. He doesn’t say a word — just looks at you with cold, calculating eyes.
After an unbearable silence, he reads your Miranda rights. You know, the same chant you’ve heard time and time again on your favorite TV crime show:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”
Unfortunately, this isn’t an episode of Law and Order. How did this happen to you?
It’s real life, and now you have to answer a difficult question:
Should you hire a defense attorney?
This is situation that many people accused of a crime find themselves faced with, and a question they must tackle sooner or later. They’re afraid of saying something that incriminates them, but they don’t want to appear guilty by not cooperating with the authorities.
In short, they’re stuck at an impasse.
Here are three reasons why you should always seek out a lawyer and not fall for the myth that asking for an attorney makes you seem guilty:
- Everything you say can and will be used against you. The authorities already think they have some evidence against you, which is why they brought you in. So they’re trying to get you to confess or incriminate yourself. Even if you’re innocent, you won’t be able to convince the authorities. Rather, they’re hoping you accidentally say something that hurts your case.
- Lawyers know the law just as well as police. Investigators and authorities understand the law better than you do, and they’ll use this knowledge to try to get you to confess or trip up. Fortunately, a lawyer also understands important nuances in the law, and can use it to help defend you.
- The interrogation must cease. Once you’ve stated your wish to consult an attorney, the police questioning must stop immediately. This prevents you from accidentally saying something that incriminates you.
For these reasons and more, the answer to if you should hire a defense attorney during a criminal investigation is a resounding yes.
According to long-time Houston criminal defense attorney Neal Davis: