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How Common Is It For Someone To Hire An Attorney Prior To Arrest?


Pre-arrest contact with an attorney or the police is often very crucial in getting a decent bond set when the eventuality of the bond comes. Also, it is not advisable to talk to the police without your attorney prior to or after an arrest. For five years I was an assistant state’s attorney and prosecuted many cases. I can tell you that while they are investigating a case unless the defendant makes some sort of admission that at least connects him to the case, a lot of times the case will not be provable beyond a reasonable doubt and the state’s attorney will take it no further. The smart thing to do is to get an attorney who you can put on a retainer and then your attorney can be the liaison between you and the police department.

If you are going to talk to the police, you never ever, ever want to make any direct conversation with them other than to politely request to talk to your attorney. They can and will use anything you say against you, just like you see in TV. The police are always trying to gather information to build a case against you. When they are doing this, in order not to frighten you off, they are always very friendly. They say that they would like to talk to you about this and that and that you are not under arrest and that you are free to go. They make you feel like everything is good, when in essence they are out on a fact-finding mission. They are trying to get you to admit to certain things and then later they will either arrest you on the spot or they will say we will be in touch with you. They will get an arrest warrant from a judge and then come back and arrest you.

Only your lawyer should be communicating with the police. It works very well and I have done it quite a few times where I called the detective and say, “I represent Mr. Smith and he would very much like to cooperate with you and answer any questions you have. Please give me a detailed list of every single question you have and I will get the answers for each question.” Even if we are all in the same room and the client is whispering in my ear and I tell the detective “Mr. Smith said this happened” then none of that is usable by the police. It is not admissible because it is hearsay as it is something I said. It does not matter if I said I just heard it from my client. I cannot testify for my client because of client confidentiality and they cannot make me do that.

We can answer all the questions the police have when it comes from my mouth not from your mouth. If it comes from your mouth then they are going to use every single word against you to build a case, get a warrant and make an arrest. You are also letting the police know that they cannot contact you without me being present and the judge will not let them. If the detective goes ahead and directly contacts you, it is not going to be admissible. You have not waived your right to an attorney at that point no matter what the cop says even if you have signed the Miranda afterwards. We have already made contact and I made it clear that they are not to contact you. They cannot contact you or pressure you to try and change your mind.

If you go in front of a bond judge then we can tell the judge that we officially have made contact with the police department and have been fully cooperative. We understand there is an investigation. We are not going anywhere and we are happily trying to help put this thing to bed. They want to make sure the person is going to be in court and is not a flight risk. By establishing a communication line with the police and hiring an attorney, you show you are cooperating. If nothing else, the judge is going to make the bond much, much less. You are going to get a very low bond because there is no reason to think that you are a flight risk.

For more information on Hiring An Attorney Prior To Arrest, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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