Police Investigations: Should I Obtain Criminal Defense Attorney Representation?
“Should I consult with an attorney, or hire an attorney, if I am being investigated by the police for a criminal offense?” The answer is yes, and yes. Do not speak to police officers prior to consulting with an attorney.
This is one of the more common questions that I receive. I answer in the affirmative for a very simple reason that you may already know the answer to: because everything that you say to the police can and will be used against you as they build a criminal case against you. This includes conversations with police officers at the scene of the crime, conversations with police over the phone (or text or email), conversations with officers in your home or outside of your home, and conversations with police officers at the station. (When I use the word “police” it applies to any local police officers and federal government agents.)
FAIRFAX, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: A felony embezzlement investigation with a search warrant that resulted in the seizure of cell phones and thousands of dollars in cash resulted in misdemeanor larceny charges brought against the client. Upon hiring counsel, the charges were non-prosecuted and the seized cash and [...]
Read More Police Investigations: Should I Obtain Criminal Defense Attorney Representation? “Should I consult with an attorney, or hire an attorney, if I am being investigated by the police for a criminal offense?” The answer is yes, and yes. Do not speak to police officers prior to consulting with an attorney. This [...]
Read More ALEXANDRIA, VIRGINIA: Attorney representation during a rape investigation by the City of Alexandria Police Department resulted in no charges filed. Rape is a felony punishable by life in prison under Virginia law. Virginia Law § 18.2-61: Rape A. If any person has sexual intercourse with a complaining witness, whether or [...]
Read More ARLINGTON, VIRGINIA: Attorney representation during a rape investigation by Arlington County Police resulted in NO CHARGES filed. The client was cleared. Rape is a serious felony offense punishable by life imprisonment under Virginia law. Virginia Law § 18.2-61. Rape. A. If any person has sexual intercourse with a complaining witness, [...]
Read More FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY REPRESENTATION RESULT: Investigation by Fairfax County Police Department into a Felony Possession with Intent to Distribute Marijuana case resulted in NO CHARGES for client after counsel intervention and representation during investigation. Read more about Virginia Drug & Marijuana Law here: Virginia Marijuana & Drug Charges, [...]
Read More FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY REPRESENTATION RESULT: Investigation by Fairfax County Police Department into a burglary case resulted in NO CHARGES for client after counsel intervention and representation during investigation. Read more about attorney representation and attorney intervention during criminal investigations:Attorney Representation During Police Investigations. [...]
Read More ARLINGTON VIRGINIA CRIMINAL DEFENSE ATTORNEY RESULT: Defense attorney intervention and representation during an Arlington County Police Department’s investigation of a Felony Embezzlement case resulted in NO CHARGES filed against client. § 18.2-111. Embezzlement deemed larceny; indictment. If any person wrongfully and fraudulently use, dispose of, conceal or embezzle any money, [...]
Read More FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Misdemeanor Hit and Run investigation under VA Code 46.2-896 for hitting unattended property and leaving the scene of the accident resulted in counsel successfully safeguarding client from Fairfax County Police, with law enforcement remaining unable to file charges or get a warrant. Read [...]
Read More FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Felony Hit and Run investigation for leaving the scene of an accident with property damage and victim injuries resulted in an agreement with counsel and Fairfax County Police that no charges will be filed. Read more about Virginia Hit and Run Law: Virginia [...]
Read More ALEXANDRIA, VIRGINIA: Defense attorney intervention in a police department and prosecutor’s office investigation into allegations of Felony Embezzlement by Officer of Public Funds in Alexandria, under VA Law 18.2-112 resulted in NON-INDICTMENT. Client was saved from public humiliation and the legal costs of being criminally charged and having to fight [...]
Read More ARLINGTON VIRGINIA CRIMINAL DEFENSE ATTORNEY RESULT: Attorney representation during an Arlington County / City of Falls Church Police, and concurrent Federal investigation, of teenage “sexting” and distribution of child pornography charges – for teen sending nude photos via mobile devices and computers – resulted in promise from the Government for [...]
Read More The falling story appeared in the Huffington Post and is presented as it appears on their web site: Teens Who Take Nude Photos Of Themselves Can Still Be Treated As Sex Offenders In many states, they don’t have to share the photo to break the law. 09/09/2015 05:15 pm ET [...]
Read More ALEXANDRIA VIRGINIA CRIMINAL DEFENSE ATTORNEY RESULT: Attorney representation during Alexandria Police investigation of teenage “sexting,” aka production and distribution of child pornography for teens sending nude photos of themselves via mobile devices, resulted in NO CHARGES FILED. The relevant code section for such charges would have been Va Code 18.2-374.1:1. [...]
Read More ALEXANDRIA VIRGINIA CRIMINAL DEFENSE ATTORNEY RESULT: Attorney representation during Alexandria Police investigation for a Class 1 Misdemeanor Assault and Battery charge VA Code 18.2-57 and Attempted Malicious Wounding resulted in NO CHARGES FILED. Read more about Attorney Representation here: Attorney Representation During Police Investigation Read more about Assault and Battery [...]
Read More ALEXANDRIA VIRGINIA DUI ATTORNEY RESULT: A DUI and Hit and Run investigation resulted in no charges filed for the Hit and Run, and no jail time issued on the DUI charge (which was punished only via standard minimum first offense penalties). City of Alexandria General District Court at 520 King [...]
Read More FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY RESULT: Attorney representation during a Fairfax Police investigation of Felony Hit and Run charges resulted in NO CHARGES FILED due to attorney interference. Read more about Hit and Run Law: Virginia Hit and Run Laws, Penalties and Defenses for Charges in Alexandria, Fairfax, Arlington. Read [...]
Read More ALEXANDRIA VIRGINIA: Alexandria DWI charge under Va Code 18.2-266, charged during a Hit and Run investigation, resulted in no jail penalties and standard first offender treatment; two related charges were DROPPED. Hit and Run charges avoided. [...]
Read More ALEXANDRIA VIRGINIA CRIMINAL DEFENSE ATTORNEY RESULT: Misdemeanor charge under Va Code 18.2-347 for Keeping or Frequenting a Bawdy Place, after related online prostitution advertising investigation, was DISMISSED at the first court date. City of Alexandria General District Court, 520 King Street, Alexandria Virginia 22314. § 18.2-347. Keeping, residing in or [...]
Read More ATTORNEY CASE RESULT FOR ALEXANDRIA, VIRGINIA: Attorney representation during an Alexandria Police felony hit and run investigation, VA law § 46.2-894, resulted in non-prosecution. Client successfully avoided charges being filed against him. Although victim sought Alexandria Police assistance and police were about to request a warrant, attorney Marina Medvin’s representation [...]
Read More FALLS CHURCH / ARLINGTON, VIRGINIA: Attorney Medvin’s representation of the client during an investigation of the client for Accessory to Robbery and Distribution of Marijuana, lead to the client being charged with just Obstruction of Justice and Possession of Marijuana. The Obstruction charge was then dropped in court, and the [...]
Read More Just because the police officer did not read you your Miranda rights, does not mean that your statements cannot be used against you. In fact, the rules guiding Miranda warnings are very specific and apply only when they are questioning you while you are in their custody (such as under arrest, or not free to leave). You can read more about Miranda rights and self-incrimination here.
Remember, a police officer’s or Federal agent’s job is to investigate an incident or a crime, to bring the appropriate charges, and to arrest the suspected culprit. Their job is not to help you. Police officers use lawful tactics in order to obtain information from you (which normally leads to charges and then a conviction based on your cooperation). These tactics range from saying supportive and caring things to make you feel comfortable, to intimidating you into talking to them based on threat of arrest, to scaring you into a confession by accusing your loved ones or friends of the crime and creating an opportunity for you to clear them and incriminate yourself.
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This article is written by top rated criminal defense attorney Marina Medvin – law offices in Alexandria and in Fairfax Virginia. She successfully represents individuals investigated by the police in Alexandria, Arlington, Fairfax, Vienna and Falls Church. Please call for a consultation request.
What Will My Attorney Do During the Police Investigation?
To begin with, your attorney will invoke your rights. We will then investigate the case, speak to the police or federal agents on your behalf (if deemed appropriate), and decide how to proceed. Every case requires unique analysis and every case will have it’s own appropriate course of action. Cooperation may be appropriate in one case, while complete stonewalling may be appropriate in another case. Sometimes a carefully crafted mix of the two tactics is most appropriate.
Virginia Police Departments
We have experience with Northern Virginia police departments:
Federal Agencies
We experience with the federal law enforcement agencies:
Common types of charges investigated by police officers through investigation:
Embezzlement and Fraud
Hit and Run
Drug Distribution and Possession with Intent to Distribute
Federal Conspiracy Charges – Drug Distribution, Wire Fraud, Etc.
Assault and Battery and Malicious Wounding
Teenage Sexting Charges
Date Rape Accusations, Sexual Assault
Internet Crimes, Hacking Investigations
Arson and Malicious Burning
Reckless Discharge of a Firearm and Hunting Violations
Unlawful Use of Force, Self-Defense
Political Crimes / Election Fraud (we have defended Democrat and Republican politicians)