Have you been accused of committing a crime? This page offers general guidance for what to do when a law enforcement agency has informed you that you are a suspect in an ongoing investigation, or charges are filed against you.
Incidentally, if you have been falsely accused of committing a serious crime, you could have a defamation claim if the accuser is not law enforcement or a government actor. The following relates only to official investigations or accusations.
Remain Calm and Composed
- Understand the Situation: Before taking any action, it's crucial to fully grasp the gravity of the situation. Take a moment to read the accusation or target letter carefully and understand the charges being levied against you.
- Avoid Panic: It's natural to feel anxious or overwhelmed, but panicking can cloud your judgment and lead to poor decisions. Take deep breaths, and recognize that at least you have time to prepare a defense.
Consult a Legal Professional
- Find a Qualified Criminal Defense Lawyer: As soon as possible, start looking for a criminal defense lawyer trained to handle cases like yours. A good lawyer can provide invaluable guidance and dramatically improve outcomes if brought on early enough. Ask for recommendations from friends, family, or your local bar association.
- Initial Consultation: Most lawyers offer free initial consultations. Use this time to explain your situation, ask questions, and ensure they're the right fit for your case. They should make you feel comfortable and understood. If you are in Oregon, consider making an appointment for a free consultation with us.
- Hiring a Lawyer: Once you've found the right lawyer, hire them immediately. They can start working on your case right away, and the sooner they're involved, the better your chances of a successful defense.
Dealing with Law Enforcement
- No Statements: Until you've consulted with your lawyer, avoid making any statements to law enforcement or anyone else about the case. This includes friends, family, or even your employer. Anything you say can and will be used against you in a court of law, and any statements you make to others can turn them into a witness against you later.
- Understand the 'Right to Remain Silent': This right is crucial. It's not just about not incriminating yourself; it's also about not accidentally providing information that could be used against you. For example, you might think you're helping by explaining your actions, but your words will be twisted or taken out of context later on in the case. It is best to say nothing at all.
- Don't Lie: If law enforcement asks you questions, don't lie. Lying can escalate the situation and potentially lead to additional charges. Instead, politely decline to answer and refer them to your lawyer.
Gather Evidence
- Start Early: As soon as you suspect you might be under investigation, start collecting any documents, emails, or other evidence that might be relevant to establishing your innocence or mitigating your involvement. Your lawyer can help you determine what's important.
- Be Organized: Keep all your evidence organized. This will make it easier for you and your lawyer to review and understand. It also shows that you're taking your case seriously.
- Don't Destroy Evidence: Even if you think something might incriminate you, don't destroy it. Destroying evidence can be a crime in itself, and it can also make you look guilty.
Honesty with Your Lawyer
- Full Disclosure: Your lawyer needs to know all the facts to provide the best defense. Don't hide any information, no matter how embarrassing or incriminating it may seem. Your lawyer has a legal and ethical obligation to keep your conversations confidential.
- Understand the Consequences: If you lie to your lawyer, they might not be able to provide an effective defense. They might also be ethically obligated to withdraw from your case if they find out you've lied.
- Your Lawyer's Role: Your lawyer is not there to judge you. Their job is to defend you to the best of their ability. The more information they have, the better they can do their job.
Follow Your Lawyer's Advice
- Trust Their Expertise: Your lawyer has years of training and experience. Trust their judgment when it comes to legal strategy. If you don't trust the lawyer you have, interview until you find a lawyer you can trust.
- Communicate Openly: While you should trust your lawyer's expertise, you should also feel comfortable communicating your concerns and questions. A good lawyer will listen and explain their decisions in a way you can understand.
- Stay Informed: Ask your lawyer to explain legal terms and procedures in plain language. The more you understand about the legal process, the more you can contribute to your defense.
Keep Your Life Going
- Work: Try to maintain your normal work schedule. This can help keep your mind off the stress of your case, and it also shows that you're a prosocial person committed to your responsibilities.
- Family and Friends: Lean on your support network. They can provide emotional support and help you maintain a sense of normalcy. Just remind those you are close to that you cannot talk about your legal issues at present but that you appreciate their interest and support.
- Self-Care: Make sure you're taking care of your physical and mental health. This includes eating well, exercising, and getting enough sleep. It also includes seeking professional help if you need it. If you are concerned about the limits of the doctor-patient or psychologist-patient privileges, consult your lawyer before discussing any factual aspects of your case in therapy.
Until you are cleared or a case is formally filed against you, it is crucial to bring a lawyer on board to help you as quickly as possible. If the values of Steven Law Firm align with what you seek in a lawyer, please open a conversation with us about representing you.