Criminal Law

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The first thing to understand if you are a suspect in a criminal investigation is that you have rights and you do not have to assist in the investigation. In other words, keep your mouth shut! Invariably, it is the defendant's own statements to law enforcement officers that result in his or her conviction. I could not tell you how many times I have heard a criminal defendant say, "I did not say that" or "I didn't say it that way" or "I didn't mean that." You need to understand that other people perceive you and your statements from their own perspective. The perspective of an investigator is that you are guilty of the crime. This is why he or she is investigating you. The officer has already made a judgment about you. As Johnny Cochran said, "Officers rush to judgment" and they do. You cannot change an officer's mind. You cannot talk your way out of it.

The only four words that should come out of your mouth if you are a criminal suspect are: I want my attorney. The interrogation is supposed to stop at that point. You are asserting your Constitutional right to an attorney and your right to remain silent. You do not have a responsibility to cooperate in the investigation.

Now, you can expect that the officers will not like you asserting your rights. In addition, they have been trained in interrogation, i.e., good cop, bad cop. Therefore, if they threaten you with hanging if you do not cooperate at that very moment, you should say: "I want my attorney." Likewise, if they promise you absolution, you should say: "I want my attorney." You need to understand that they will say anything or threaten anything (and they usually do) to get a statement or confession out of you. Don't talk to them. Call a competent attorney. Let the attorney speak for you. If necessary, let the deal be made by your attorney before you speak. Do not compromise your case before your attorney gets involved. Call your attorney now.

We have been practicing criminal defense for nearly twenty (20) years. We would be happy to assist you or refer you to someone in your area who may be able to assist you. Please feel free to call us at (800)4VA-LAWS or contact us through this website.

UPDATE: 

Today March 12, 2008, in Washington County General District Court B.L. Conway II had FIVE (5), cases dismissed.  The charges were criminal and Mr. Conway excelled at obtaining dismissals for all FIVE (5) clients.