Under Investigation? STFU and Lawyer up

Sean C. O’Halloran Aiken and O’Halloran Criminal Defense Law Office Fort Myers 239-334-8890 Sarasota 941-366-3506

There is an old saying, “The fish would not have got caught if he hadn’t opened his mouth”

That is so true when it comes to criminal investigations.  It is particularly true when it comes to sex crime investigations.  In date rape cases, in child molestation cases, often the most damaging evidence is the person’s own admission.  The cops are masters at getting you to make an admission.  In a child sex case with a 15 year old, they may say something like “she says you forced her”, only to trick you into saying “no, it was consensual”.  What the person does not realize is that a 15 year old cannot consent, and the response is an admission.

In tax investigations, in white collar crime investigations, the detective’s goal is to get an admission on key elements like “intent”.  In sales tax investigations, always  lawyer up.

If the police, or a detective, comes to talk to you, if you are not in custody, they do not have to advise you of your right to remain silent or your right to a lawyer.  Nothing  good comes of talking to a detective,  particularly if you have the slightest chance of having done something wrong.  If they ever say “you have the right to remain silent you have to be stone crazy to say anything else.  If they say, you have the right to an attorney,  STFU, and call a good qualified experienced criminal lawyer.  Don’t be “penny wise and pound foolish”.  Do not wait until you are arrested to talk to a good criminal defense lawyer.

Always exercise your constitutional rights.  You will never talk your way out of trouble.  As Ft. Myers criminal defense attorneys, we do not charge for an initial consultation.  If the cops come and ask for your computer, or come to talk about child porn, say nothing other than “I want to talk to a lawyer”.  Child pornography cases are on the rise and it is the admission that later destroys a good defense. 

So how do you find the best criminal defense lawyer for you?

It depends on the type of case.  You need a lawyer that has experience in your kind of problemAt our firm, one of the partners is a former Federal agent and Federal prosecutorThe other partner is a former State prosecutor from right here in Ft. Myers.  You would not hire a great foot doctor for a heart problem.  You need a lawyer that has actual trial experience in your kind of problem.