Utah Criminal Case -
Initial Stages - Police Investigation
When
allegations of a crime are reported to police, an investigation
will normally follow. Depending on the nature and seriousness of the
crime alleged, a police investigation
may take years to complete, or it may be a simple matter of taking a
report or statement from a single witness. The investigation may
involve the collection of physical evidence,
photographing the scene to preserve a record of the conditions,
preserving video recordings from surveillance cameras in the area,
interviewing potential witnesses, or interrogation of the defendant.
Regardless of the nature of the crime, there are certain important
rights guaranteed to both potential suspects and witnesses. An experienced
criminal defense attorney can help ensure that your rights are protected.
Contact us today to schedule an initial consultation with Stephen Howard.
Suspect Rights During Police Investigations
Fifth Amendment
Protections
The Fifth Amendment provides one of the most important rights
guaranteed to a person during a police investigation - the privilege
against self-incrimination, or right to remain silent. When invoking
this
right, it is important to do more than just refuse to talk. A person
should expressly and specifically invoke his or her Fifth Amendment
rights.
In
most instances, a defendant's silence when confronted by police cannot
be used as evidence at trial. But under
recent United States Supreme Court case precedent, there are certain
rare circumstances when a prosecutor may inform the jury that the
defendant refused to speak
with police. To avoid this risk, a suspect should state clearly that he
is invoking
his Fifth Amendment privileges and is requesting that he be allowed to
consult with his attorney prior to any further questioning. This should
prevent the
prosecutor from using the defendant's silence against him at trial.
Police investigators receive extensive training in interviewing
techniques designed to pull information from suspects and witnesses. If
police have identified a person as a suspect in a criminal
investigation, it is rare that anything that suspect tells police will
help him. More often, statements made by the suspect to police become
some of the most damaging evidence used by the prosecutor in the case.
There are circumstances when speaking with police may work to the
benefit of a criminal defendant. But without the assistance of a
criminal defense attorney to analyze the situation and help determine
the potential risks and benefits of talking to police, a suspect puts
himself at great risk in agreeing to talk with police.
Fourth Amendment
Protections
In addition to the right to remain silent, a
defendant also has the right to refuse to allow the police to search
his person or property under his control or ownership. When
police believe that evidence of a crime may be found directly
on a person, or in a person's car, home, business, or other property
owned by or controlled by that person, police will normally be required
to obtain a warrant. There are certain exceptions to the warrant
requirement, which may allow the police to conduct a search or seizure
without a warrant.
One of the most common exceptions to the warrant requirement involves
obtaining consent from the person in control of the property which the
police intend to search. The owner or driver of a vehicle, the owner or
resident of a home, a person who rents a storage unit, a guest staying
in a hotel room - all of these individuals may give consent and allow
the police to conduct a search of the premises without requiring the
police to obtain a warrant. But each of these individuals also has the
right to refuse consent.
The Right to Counsel
Whether a person is a suspect in a criminal case or a
potential witness in the case, our Constitution guarantees each person
charged with a crime the right to obtain counsel from an attorney. The
importance of the assistance of counsel applies beyond just the court
trial.
A person also has the right to speak with an attorney before answering
questions for police. A person also would be well-advised to seek the
assistance of an experienced criminal lawyer in determining whether to
consent to a police search or in deciding whether to cooperate with
police as an informant. Failure to consult with an experienced attorney
during the initial stages of a potential criminal case could result in
important rights being waived, or lead to critical strategic errors
that could adversely affect the case later on.
Next: Arrest
/ Citation / Summons
Previous: Main Outline of
Utah Criminal Case Processes
Choosing a Utah Criminal Defense Attorney in Salt Lake
Finding the
right
criminal defense lawyer to handle your case can be critical
to the success of your case. Based in Salt Lake City,
criminal
defense attorney Stephen Howard has a
track record that includes
not guilty verdicts, dismissals, and appellate reversals on some of the
most serious charges on the books in Utah. He has the
experience
necessary to ensure that your rights are protected.
Contact us today to
arrange for an initial consultation.