Virginia Criminal Defense Attorney
During an investigation, there is a variety of information the government can gain access to including your e-mail account, text messages, Facebook messages and messages from other social media accounts including Twitter or Instagram. Anything that you have written or said publicly at any point in time even if you have since made it private, would be accessible.
Additionally, the government is often able to get a search warrant in order to investigate your private bank accounts or credit card statements depending on the type of crime that you are charged with. The government has access to a lot of information and it is important to speak with a Virginia criminal defense attorney if there is something that you are worried that the government might be able to see. Your attorney is going to tell you whether or not they can access that information and what you can do to challenge their acts.
There are many things that your attorney could potentially do in your case to limit the government’s access to certain information. However this depends on your case and on the method that the authorities used to go about gathering that information. There are certain procedures that detectives and government officials have to follow before they are allowed to look into your private affairs and this is something that an attorney will be able to look at. Your attorney might be able to challenge that process under your rights under the constitution to be free from illegal searches and seizures.
If police or their agents knock on your door and they want to speak with you or look around, it might be tempting for you to let them look around or talk to you but this is not something that you should do. Instead, you should state very clearly and politely that you do not wish to speak with them and that they do not have consent to search your home.
If the police have a warrant, you should step outside and shut the door behind you in order to examine the warrant very carefully. Make sure that the address, the names, and all the details of the warrant are correct. You can also tell the police officers who are in possession of a valid warrant that you do not wish to make any statement and that you do not wish to speak with them about the matter.
No, it is not better to prove that you have nothing to hide. This is one of the biggest mistakes that clients tend to make because what an innocent person wants to do is show the police officers that they did not do anything. However, even though you knew that you did nothing wrong, if you say nothing and you do not show the police officers anything then you will be making any potential prosecution against you a lot tougher.
The reality is innocent people are still convicted of crimes and so, even if you know that you did not do anything wrong, the prosecution still might be able to make a case against you. By remaining silent and not agreeing to any searches, you leave your attorney with many more options in defending you if you are falsely accused of committing a crime.
Going to the station to speak with police is a mistake that a lot of people that are falsely accused of crimes make. In cases where there is very little evidence, the police officer might lead people who go down to police station with them into admitting certain facts or admitting that they were at certain places which may cause them to look guilty at a trial.
In cases where there is a confession or any other admission of what the prosecution considers to be bad behavior or behavior that looks suspicious, the only other evidence that the government needs is just enough to confirm or to corroborate what you said to the police officers. This is fairly easy for the government to do most of the time. A situation where somebody confesses or admits to something just because they went down to the station to speak with police officers and the conversation got a little bit out of hand, can often make the difference between whether or not somebody is found guilty or not guilty at trial. Anything that you say to the police officers down at the station without your attorney present will make your attorney’s job more difficult as they file a defense in your case.