Practice Areas

• Auto Accident
• Business Litigation
• Criminal Defense
• Will Contest

Q: What should I do when I am facing criminal charges or questioning?

A: FIVE THINGS YOU SHOULD NOT DO WHEN YOU ARE FACING CRIMINAL CHARGES OR QUESTIONING

1.    Allowing the police to search you or your house or your car voluntarily and without a search warrant.

    Do not give the police permission to search your person, or your house, property, or car unless they have a valid search warrant issued by a judge. You are not being rude or a bad person if you require a warrant—you are just exercising your constitutional right against an unreasonable search or seizure.  That is your right as an American citizen. But, by all means, make them get a warrant—after all, the judge may say no to them because they don’t have enough evidence to support a warrant, or they are only on a fishing expedition to find “evidence” of a crime that you are alleged to have committed. 

    If they have a search warrant you have no say in the matter and you have to allow them to search.  However, if they search without a warrant, and without your permission, never resist that search.  Rather, let your lawyer do his job and seek redress in court to suppress the evidence or for violations of your constitutional rights. 


2.    Giving a voluntary statement to the police.

    You are not required to talk to police when they come to talk to you about a crime.  You have the right to remain silent which is what you should do until you speak to a lawyer.  Many times what you consider to be an innocent statement, or being helpful, will get twisted and distorted into something that makes you look guilty when you are not.  If you want to give a statement you can always do that, but do it with your lawyer, after your lawyer has had a chance to talk to you in private and make an assessment of what you have to say. 


3.    Never resist arrest. 

    Being uncooperative during an arrest will only hurt you and your defense.  Even if you are innocent of the charge the police are arresting you for, if you resist arrest you are guilty of another crime that is much easier for the State to prove. Besides, resisting arrest makes you look guilty of an offense when you may well be innocent of what you are being arrested for. 


4.    Not asking the police if you are under arrest.  Always ask if you are under arrest. 

    If the officers say yes, you are under arrest, you have the right to know why, and if they say no, then you have a right to leave without talking to them. 


5.    Making statements to friends, family members, or other persons about the crime you are charged with or questioned about.

    Never make statements to any friend, family member, or anyone else about a crime you have been charged with or questioned about as a suspect to a crime.  Anything that you say to anyone, other than your lawyer, can, in most cases, be used against you in court.   The old saying that “loose lips sink ships” is right on the money here.  Many times so-called “friends” end up being interrogated by law enforcement and end up saying you said something you didn’t say, or simply agree to what law enforcement says you said or might have said regarding an alleged crime.   They can then show up in court and testify against you. 



This Report is not legal advice and we are not establishing an attorney-client relationship by providing this information. We are only attempting to give you information so you can make informed decisions. Every case is different and no outcome can be guaranteed. We are happy to consider any potential case and to visit with you about any potential claim. The best advice we can give you is to visit with a lawyer about your potential case.

We are very selective in the cases that we consider because we want to give our clients personal attention to the greatest extent possible. We decline many cases each year. We concentrate on working hard on the cases we accept and do not accept frivolous or unmerited cases.