THE DEFENSE ATTORNEY’S ROLE IN THE POLICE INVESTIGATION

It is beneficial for your New Hampshire criminal attorney to accompany you to any police investigatory steps, such as line-ups or questioning for several reasons.

 

First, your New Hampshire criminal attorney will instruct you not to answer any questions asked by the police and not to assent to requests for any types of searches.

 

In the case of line-ups, handwriting samples, and the like, your attorney will:

(1)   Act as a witness to prevent and possibly report any police abuse.
(2)   Make sure the investigation is being conducted appropriately. For instance, your attorney may object to how a line-up is being handled.
(3)    Prevent you from incriminating yourself, which usually happens when defendants inadvertently blurt out admissions or tamper with evidence.

For example, if you are requested to give a handwriting sample, your New Hampshire criminal attorney will advise you to refrain from disguising your handwriting or making unnecessary comments about the words you are being asked to write. Any comment you make or any concealment in your handwriting can be used against you.

 

Finally, during your bail hearing, your New Hampshire criminal attorney will advise you about answering certain questions. Bail interview inquiries may lead to divulging incriminating information. For example:

 
-          Absence of a legitimate source of income may raise red flags that you retained your attorney or posted bail using illegal funds.
 -           Using your actual name may disclose illegal or criminal immigration status and/or that your identification documents are falsified.
-          Revealing your place of work may incriminate you in criminal activity, if, for instance, your place of work is façade for illegal activities such as drug peddling.

 

However, in many cases, your attorney will advise you to answer these questions. The prosecution will probably learn the truth in time, anyway, and refusing to answer ensures that you will not be released on bail.

 

If you have been charged with a crime, please contact New Hampshire criminal attorney Sven Wiberg at 603-686-5454 for a free evaluation of your case.

 

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