Legal Question in Criminal Law in California

Re: right to an attonry

Have you never watched TV or read anything about the criminal justice system? Have you never heard attorneys advise people to 'say nothing without your lawyer present'? SHUT UP and call an attorney before you convict yourself through being 'cooperative'. Feel free to contact me if serious about getting the legal help you'll need to try to stay out of jail.

Re: right to an attonry

Technically, prior to arrest, you have no 'right' to an attorney. However, that does not mean you should not retain one. Any information you give to an investigating officer or investigator can be used against you. That is why it is advisable to have an attorney present to guide you through the process. Many criminal defense attorneys are retained by their clients before charges are actually filed against them. You should consider doing the same. Feel free to call me if you would like to discuss this matter.

Best of Luck!

Re: right to an attonry

To put it bluntly, you should not be talking to any investigators without consulting with an attorney. You do not have any legal duty to talk to the police. You can politely say that you want to talk to an attorney first. Only a lawyer can make an informed decision whether it is in your interest to talk at all. If the situation is such that the police do not have sufficient evidence against you, it very well might be that it will not be a good idea for you to talk and give it to them.

When you are a suspect an officer is rarely your friend. Their task is to build their case and to use your every word against you. It is rarely the case that people who are under investigation and decide to talk without an attorney help themselves. They often and incorrectly assume that they will score leniency points and they will not be prosecuted just because they agreed to be interviewed.

Often, people think they help themselves while in reality they provide incriminating information. Your inquiry is a case in point. You defend your actions by saying that you never used the credit card numbers which the police think have been stolen. However, keep in mind that you are subjecting yourself to prosecution by admitting to mere possession of any stolen credit or identity information.

If the police have sufficient evidence, they will most likely come and arrest you. Whether you will be able to stay out of custody prior to trial or resolution of your case will depend on the bail amount set.

A lawyer involved prior to any arrest could be a good investment. If your arrest seems inevitable, an attorney could negotiate up front the terms of your voluntary surrender which could mean lower bail and put you in good light as someone who is not trying to escape but is willing to cooperate with the law within the context of your legal rights.

Feel free to contact me if you would like to consult further.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: right to an attonry

They want your statement so they can build a case. If you haven�t already you should hire an attorney to assist you in this process. Many attorneys are retained before charges are filed.

Feel free to contact my office.