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CRIMINAL INVESTIGATIONS AND PROSECUTIONS
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Lawyers who are hired soon after an investigation begins or an arrest is made are are often able to accomplish the best results for their clients. The earlier a lawyer is involved in a case, the more opportunities the lawyer has to talk with the officers, investigators and prosecutors than a lawyer who is hired later. During discussions with the officers or prosecutors, the lawyer may be able to persuade the officers or prosecutors that less serious charges are more appropriate or that charges should not be filed.
HOW CRIMINAL CASES BEGIN
Criminal cases usually begin in one of two ways. When a complaint is made to a law enforcement agency or police department, the case will be investigated by an officer or agent to determine whether there is probable cause to believe that a crime has been committed. The charges being investigated, the complexity of the case and the number of witnesses affect the length of an investigation. Investigations of fraud, corruption and large thefts may last for months or years.
Other criminal cases involve involve investigations that are limited to a few minutes or hours. Those cases begin when a victim or witness reports that a crime has been committed and the officers who investigate the incident quickly conclude that they have probable cause to make an arrest. Officers who believe that they have seen an offense committed can investigate based on their own observations.
THE RIGHT TO THE ASSISTANCE OF A LAWYER
During an investigation, the officer will interview
witnesses and gather evidence. Evidence may be collected by serving
subpoenas on witnesses or executing search warrants. If the case is
presented to a grand jury, the prosecutor may call non-law enforcement
witnesses to testify before the grand jury. Any person who is
interviewed, served with a subpoena or search warrant, or called to
testify before a grand jury has the right to have an lawyer advise him
or her during those stages of the investigation.
People who are the subject of those shorter
investigations have the same rights to be represented during
questioning. Searches of people who are being arrested must be
conducted for appropriate reasons and may be challenged later in court.
George Bedell, P.A.
2525 Park City Way Tampa, FL 33609
813-875-6100
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