How a New Haven Attorney Can Help
An attorney can help a person assess the situation, provide them with possible options, advise them of the possible consequences, and advise them on the tactics that the police are legally allowed to take, such as suggesting that they already have prior confessions or that they have DNA. Police are allowed to put pressure on people in hopes that they provide incriminating information. Attorneys, however, are able to explain that to their clients and assess the situation, provide guidance, provide advice, and make sure that they do not create a situation that is even more detrimental to them.
For this reason, it is very important to contact a New Haven criminal lawyer sooner rather than later, including even before a police investigation begins.
During a Police Investigation
During the investigation process in New Haven, police officers will often make calls and seek to have statements made by the individuals who they are investigating. In these statements, it is very difficult for people to assess what the police are looking into to understand exactly what crimes are being investigated. Any statement someone gives can be used against that individual later on if they are in fact arrested.
If an attorney is hired prior to the arrest, they can facilitate questioning by getting a list of questions in advance, and ultimately can assess the situation prior to any police contacts so as not to be caught off-guard.
Very often, once you get involved, police officers will not agree to submit a list of questions. This shows that the police officers have already made up their determination as to the status of the case. They have made up their mind and any evidence that an attorney will provide is simply to bolster their case. That is not something that attorneys recommend doing and they may be able to prevent the further questioning of the defendant, and any communication will be directed to the attorney rather than the defendant.
Criminal defense attorneys in New Haven conduct investigations on their own as well. Anytime a defendant is arrested, one of the first steps of an attorney is speaking with them about what happened. During that conversation, it will really dictate where the attorney focuses in an investigation. If they determine that there may be witnesses that are helpful, the attorney will hire a private investigator, someone who works for them and is covered by the attorney-client privilege. The attorney will then go out and get the statements that they want showing the defendant’s version of events.
Generally, the attorney will use the investigator to try to track down information online. If there are Facebook postings or if there is any digital information from a cellphone or laptop, a digital expert can retrieve that information as well.
Attorneys work with numerous experts and private investigators depending on the type of case, depending on the evidence, and depending on the investigation that they need to do. However, attorneys oversee that investigation, work closely with the investigators, and use that to establish the defense. The information from investigations is used part and parcel to the argument that they make with the judge and the prosecutor. Attorneys use their investigators to augment the services that they provide.
Typically, not every case involves hiring a private investigator, but very often that is something that attorneys do. It can be a necessity to defend and provide the effective assistance of counsel in many cases.
There are several constitutional issues that can come up in connection with any case, also known as legal issues. Usually, people will be familiar with Miranda Rights and illegal searches, but there are a number of rights that stem from the Constitution that can lead to legal issues.
In New Haven, a stale warrant issue is a recent issue, and stems from an individual’s due process rights. The claim is essentially that a warrant was issued and that they satisfied the statute of limitations, but they did not take any steps to effectuate service of that warrant.
This delay—whether it be two years, three years, ten years—in serving the warrant can detrimentally harm the defendant’s ability to establish a defense. Under those circumstances, an attorney is able to file a motion challenging the delay of the service of this warrant, which has been successful in challenging, and ultimately dismissing, the criminal prosecution.
There are a number of rights that are implicated in any criminal case that can come up, and an attorney can use those to obtain a beneficial outcome in the defendant’s case.