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Wharton Global Forum  - Article Details

Why Retaining an Attorney Before Being Indicted is a Good Thing

Date Added: March 23, 2010 11:23:48 PM
Author: Broden and Mickelsen
Category: Attorneys and Lawyers

Oftentimes, however, had that individual retained an attorney when they first became aware that they were under criminal investigation that person might have averted indictment altogether or, at least, been in a greater position to defend themselves once they were indicted. Just as it is important to see a physician before it is too late, it is key to be proactive about a criminal investigation.

For example, if you hire a lawyer early, like hiring Broden and Mickelsen, criminal defense lawyers, can conduct his or her own investigation while key facts are still clear in the minds of potentially favourable witnesses.  Likewise, they have the ability to interview potential co-defendants before the co-defendants hire their own attorneys and become “off limits.”  Time And Again, we have seen the testimony of witnesses undergo small changes after they are interviewed by law enforcement officials. Thus, it is frequently exceedingly helpful when the defense is able to interview the witnesses and “lock in” their statements before they are interviewed by police officials.

Similarly, if hired early on in the process, a lawyer can learn what steps you should take in an attempt to avoid an indictment.  A criminal lawyer can guide you on whether it is wise to meet with the police or government federal agents. Besides, your lawyer can be present at any meeting.  A lawyer can also find if it is wise to hire a polygrapher.  While “lie detector” tests are usually inadmissible at trial, lie detector tests may be presented to prosecutors or law enforcement officials along with other information in an effort to persuade them not to pursue charges.

Indeed, by gathering as much data as possible, it is sometimes possible for a lawyer to convince law enforcement not to pursue criminal charges in the first place or to convince prosecutors not to attempt an indictment.  Even if prosecutors cannot be convinced to drop the charges completely, they may be persuaded to pursue less serious charges.

Likewise, in many counties in the State of Texas, lawyers can make a presentation to any grand jury considering your case and present witness statements and alike to the grand jury in an attempt to convince the grand jury not to indict you (in other words return a “no bill” on the indictment).  At Broden & Mickelsen (http://www.brodenmickelsen.com), we have been productive in making presentations to grand juries that have resulted in grand juries not indicting our clients or indicting them on significantly reduced charges.  These clients were often facing very serious charges.

The bottom line, is that, by retaining an attorney early, you may save significant cost and stress later on.  It is less costly and much less stressful to be proactive and seek to avoid an indictment in the 1st place than to fight criminal charges at a full-blown jury trial.

Simply put, if you find you are being investigated and potentially facing criminal charges, you should contact a lawyer IMMEDIATELY.  Nearly all lawyers do not charge for initial calculations, so you really have nothing to lose by being proactive.

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