THE FIRST THING YOU DO WHEN THE POLICE CONTACT YOU:
If you are contacted by the police you need to call Young & Young, LLP immediately. You cannot talk your way out of an arrest. You can, however, talk your way into one. Even if you are innocent. The police want you to provide them with information that will assist them in prosecuting you in a court of law. Once you contact our office, we will immediately send out a letter of representation to the police, the District Attorney's office, and the courts. This letter spells out that the police cannot question you or speak with you regarding the matter.
We have had many cases where the police show up at one of our client's homes and knock on the door. We instruct our clients not to answer the door and not to let the police inside. When they ask you to step outside, you should refuse to do so. Lock your door and call Young & Young at (631) 224-7500. Mr. Young is available 24 hours a day, 7 days a week. We have in the past driven to a client's home in the middle of the night to inform the police that without a search warrant or an arrest warrant they must leave our client's property immediately.
At least half of these types of matters put an end to the police investigation once the letter is received or we advise the police in person that they cannot speak with our client. Out of the cases where the police still intend to arrest our client, arrangements are made with our office to have our client surrender at a mutually convenient time with bail conditions pre-arranged. Most importantly, without the benefit of any admissions or confessions, the prosecution is severely weakened. The police may only be seeking to have you admit that you were at a particular place or knew of facts which will help them to convict you. If they have no evidence or admissions that support their theory of what took place, they are left trying to decipher facts that may not be able to be proven in a court of law.
Often without your statement to the police, the case cannot be prosecuted. Even comments that may seem trivial to you but to a Judge or jury, it may become the foundation of your prosecution.
Remember, as Justice Scalia once wrote in a United States Supreme Court decision "admissions and confessions are good stuff." Without any statement whatsoever from a person the police think may have been involved in a crime they cannot proceed to trial. Even if it is proven that our clients were involved in some wrongdoing, without a confession or admission of guilt the case is so severely weakened that the judgment may be significantly reduced from what the original criminal charge would have been.
Some examples of these events:
Police wish to speak with a person regarding an automobile accident where the driver left the scene of the accident. Without being able to speak to the client, they are not able to prove who was behind the wheel of the car at the time of the accident and the case could not be prosecuted.
Police wish to speak with a client regarding drugs found in a vehicle. However, the drugs are in a bag or in the trunk of the car. Without admission that the person knew that drugs were in the trunk or in the bag the matter could not be prosecuted because they have no evidence that the client "knowingly" possessed drugs.
Police wish to speak with a client regarding a fist fight in which the other person died several days later, allegedly from injuries incurred during the fight. Without any proof that the client was involved in or even at the scene of the fight, the client could not be prosecuted.
Police wish to speak with a client regarding a gun found under a mattress in a hotel room which was previously rented by the client. Without any admission that the client ever possessed the gun, found, or knew the gun was under the mattress the matter was dropped.
Police wish to speak with a client regarding a robbery. However, without any admission or confession, the police are not able to establish that the client was involved in the matter or that the client ever visited that location.
Police wish to speak with a client regarding stolen property found in his garage. However, without any admission or confession that the client even knew that this property was in his garage, no less than it was stolen, the police could not proceed further.
These are just a few examples of cases where the police rightly or wrongly suspected people of criminal conduct, but without being able to speak with them and get them to admit facts, they cannot legally maintain a prosecution against these people.
REMEMBER- KEEP YOU MOUTH SHUT AND DEMAND YOUR RIGHT TO AN ATTORNEY
THE POLICE HAVE ONE GOAL - TO ARREST AND CONVICT YOU
DO NOT HELP THEM