Even if you have been taken into custody or arrested, it is very common that the investigation will continue. Sometimes cases are closed immediately after the investigation culminates in the arrest and it is the last piece of the puzzle. However, more often than not the arrest is just one piece of the puzzle and the investigation will continue as to whether or not the person was involved in other illegal activities. In either event, a Virginia criminal defense attorney can help the person understand what they are up against, how to avoid additional criminal charges in the future and how to mitigate or minimize their exposure.
Typically, your attorney will not represent your family if you are placed under arrest for an offense. This depends on the facts and circumstances of your case. There are certain things that you should consider when you are arrested and potentially denied bond for a serious felony offense.
The first is that under no circumstance should you discuss material facts and circumstances of your case over the phone from the jail. Although attorney-client calls are privileged, and therefore not subject to recording and transmitting, you have no such protection for calls made to your family, friends or associates.
What is meant by this is if you get on the phone from the jail and discuss the facts and circumstances of your case as to how it occurred, what witnesses were present and other important information known only to you, that information may be recorded and listened to by jail authorities, prosecutors and police investigators.
While you are being held on bond pending investigation, an attorney can help you coordinate with your family to obtain access to vehicles, movement of assets to a safe place and other things that are legal. In addition, an attorney can work with you to potentially combat or move to quash search warrants (pdf) that are constitutionally invalid. They can also notify your family members of how not to consent to searches of our vehicle or person.
An attorney’s role is that of an educator in this process. An attorney can help you understand what will happen next, what to expect and what can be done to minimize your exposure to post-arrest investigations. Outside of an investigation, an attorney can help navigate you through the legal process and examine the facts and circumstances needed to build a strong defense. Experienced legal counsel may be able to help you in other regards as well, by ensuring that your rights are protected and you don’t do anything that would further incriminate you from jail.
Patrick Woolley Attorney At Law