By: Jeffrey S. Weiner, Esq., Jeffrey S. Weiner, P.A.

I have been asked to write a brief article on what to do if you are being investigated or facing arrest from criminal charges. If that unfortunate occurrence happens, the best advice is to be polite and courteous to the police officers. Do not resist. Give only your name, address and other identifying information. Do not discuss the case with the arresting law enforcement officers and do not try to convince them of your innocence. When officers, agents or marshals arrest you, the arrest will almost always take place regardless of what you say. Anything you say to them will be written in an official police report and forwarded to the prosecutor for possible use against you.

Remember that in many cases, law enforcement officials who arrest you may have no knowledge of your case. They are merely arresting you pursuant to an arrest warrant or based on information given to them by others. Assume that the arrest will take place and conduct yourself accordingly, as suggested above.

Each year thousands of people are arrested by state and federal authorities. Many of those people are innocent. The way to prove your innocence is by retaining a good and experienced criminal defense lawyer. Individual efforts to help yourself almost always fail and may well undermine the efforts of your criminal defense attorney.

Criminal law is a very specialized field of law, involving aspects of constitutional law, substantive criminal law and criminal procedure. It is essential that you retain the services of a respected, competent and experienced criminal defense attorney who is equipped to handle your case properly.

If you are being investigated, you may learn about it from friends, neighbors, co-workers, or by receipt of grand jury subpoena. As soon as you believe that you are being investigated, do not discuss the case with anyone other than a criminal defense attorney. Don't discuss the matter with neighbors, co-workers or the marshals who serve you the subpoena. Try to get copies of any subpoenas or documents and immediately bring them to your criminal defense attorney. People whom you believe are friendly to you may be forced to be a witness against you. Therefore, anything you may have told them or tell them can be used as evidence against you.

No one is immune from arrest. It doesn't matter what your economic, education or social status. It doesn't matter if you are innocent. Everyone is potentially subject to being arrested and charged with committing a criminal offense. It is for that reason that you should take the time to meet with a top criminal defense attorney now so that you can have the attorney's name and phone number ready should there ever be a problem. If the lawyer knows you, he or she is better able to respond. For example, your attorney can help you arrange for bail so that you can be released from custody as quickly as possible.

Often a court appearance is necessary before a bond is set or to reduce the bond. The only reliable advice you should seek in circumstances relating to an arrest, bonding out, and your case, is from an experienced criminal defense attorney; not from a police officer, federal agent or bondsman. The only privileged communications you have regarding your case are with your criminal defense attorney. So, when you talk with your criminal defense lawyer, be candid and tell the truth.

Being under investigation or being arrested is a devastating experience for anyone. It affects your life in many ways. It can affect your health, your family, your job, your relationships and your peace of mind. Stress can be a terrible thing and the best way to manage it in a situation involving an investigation or an arrest is to have a good, competent criminal defense lawyer that you trust and believe in. I hope you will never need the advice that has been provided here. If you do, I urge you follow it.

Contact our Miami office today for a Consultation: 305.670.9919

Individuals and businesses facing the threat of investigation or imminent criminal charges are urged to CONTACT the Miami law office of Jeffrey S. Weiner, P.A. today for a complimentary consultation and immediate intervention from our respected South Florida criminal defense law firm.