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Contacted by the Police? Call an Experienced NJ Criminal Lawyer

Posted by Leslie Posnock on July 2, 2015  |   No Comments »

As criminal defense attorneys, our first call from a prospective client often occurs after he or she has been contacted by a detective. When an individual is called by a detective or law enforcement investigator to come down to the police department, it typically signals that that individual is going to be charged with a crime. Detectives are usually very good at downplaying the true state of affairs in order to lure an individual to the station and provide a statement. In 99 times out of 100, an individual who gives a statement ends up being charged and arrested while at the police department, after the statement is signed and placed in the investigator’s evidence folder.

It is extremely rare for an individual to talk a detective or an investigator out of charging him with a crime when he has been asked to go to a police station to “give his side of the story.” In virtually every case, the police have already decided to charge that individual and do so as soon as they are done taking the statement.

Our firm recommends to all potential clients and existing clients that they forgo any voluntary appearance at a police station to provide information to a law enforcement officer. It does not matter if any potential statement is signed, tape recorded, video taped or verbal (in which case the police officer will make file notes capsulizing what was said). Providing this information is unnecessary and almost never serves to protect the individual’s rights. It may, instead, provide that last bit of information required to bring a criminal charge.

Instead of meeting with the authorities on your own, we recommend that you allow our lawyers to contact the detective to discuss the parameter of the investigations and to determine what the detective wants to know and whether or not he or she is considering bringing charges against you. We can then advise you as to the best course of action to take.

If we learn that you will be charged with an offense, we will make arrangements for you to voluntarily surrender – with a lawyer at your side – after negotiating the terms of such release. We will also reaffirm to the police that you will invoke your Miranda and Fifth Amendment rights to remain silent and will make no statement.

For individuals who are facing state criminal prosecution or sentencing in the criminal courts of New Jersey, federal criminal prosecution or sentencing in the United States District Court for the District of New Jersey, or who are appealing their criminal matters before the New Jersey Appellate Division, the Supreme Court of New Jersey, or the United States Court of Appeals for the Third Circuit, it is critical to have an experienced state and federal New Jersey criminal defense attorney represent you. The experienced criminal defense lawyers of Schwartz & Posnock appear in all State and Municipal criminal courts in New Jersey, as well as in the New Jersey Federal Courts, and have convenient locations in Monmouth County (Eatontown), Essex County (Livingston), Union County (Linden), and Middlesex County (East Brunswick). Call us at 732-544-1460 or email us at info@schwartzposnock.com to schedule an appointment.

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