The answer is easy. If you need to ask, the answer is NOW! While you can wait too long to retain or consult with a defense lawyer, you can almost never have your defense lawyer too soon. Do not wait for an arrest. Sit down with your lawyer as soon as you think you’re involved in a criminal issue. It’s the lawyer’s job to figure out if you are a defendant, a suspect or a witness. Are you a suspect or merely part of an investigation? Ideally, the only direct conversation you should have with a LEO Law Enforcement Officer, investigator, deputy district attorney or other prosecutor is to say “I’m happy to chat. Here’s my lawyer’s name and phone so that she can arrange it with you.” Say NOTHING about what you did or did not do. Leave it to the lawyer to advise you as to what if anything should be discussed with the LEO. All you want to say is “I have a lawyer so talk to them and make what arrangements need to be made.” Your lawyer might well say directly to the LEO that you will not be doing an interview at this time.  Remember that the truly factually innocent defendants need an attorney MORE than the guilty. You lawyer will want a lot more information beyond your civilian guess as to whether or not you should talk to the police.

Why Do I Need A Defense Attorney When The Case Is Still being investigated?

Civilians worry that having a lawyer suggests that they are guilty. The opposite is true. LEOs and prosecutors would almost always prefer to talk to the lawyer instead of to the civilian. The lawyer and the LEO speak the same language; one which you don’t speak. The LEO can be more open and more direct talking to your lawyer. If you talk to the police or to a deputy district attorney, , no matter what you think you did or did not say, you WILL have said more than what you should have said. The only safe course is to say nothing about the case or investigation. That is the lawyer’s job. The LEO knows her lines. The lawyer knows his lines. You do NOT know your lines! For example, civilians tend to believe LEOs when the officer says “we just want to hear your side and not just one side so we can figure out what happened.” The reality is that while there ARE such things as legitimate investigations, once the officer is saying “we just want to hear your side” it is almost certain that they have you as the #1 suspect in the investigation. Not only do you not speak the language, you don’t even know what is being investigated. You might think the officers are interested in your plants growing in the garage. They might really suspect you of a bank robbery! Again, it is not your job, training or skill set to have that conversation, and you CAN do yourself great harm. Things cannot be “unsaid.”

The Necessity of Recordings in Legal Interactions to Ensure Accuracy and Honesty

Finally, most civilians who do choose to talk to the LEOs won’t even know that there MUST be a recording of the conversation. Otherwise, whatever the officer claims was said is what will be believed. You might have said “I did not do that,” and the report of the interview might read “I did that.” Intentional prevarication by the cop or a simple human error or typo? That is a discussion that should never happen! And with tape rolling, arguments over what was actually said should not happen at all. Having a lawyer in the room raises the bar on what level of honesty can be expected from the officer. This is governed by statute: CRS 24-31-902(1)(a)(III) makes evidence that should have been recorded presumptively inadmissible.

The Perils of Unwitting Self-Incrimination in Conversations with Law Enforcement

“Can I show you a new suit?” “No, I’m looking for a raincoat.” The civilian suspect would often say “I told them NOTHING! In fact, you already said:

1. I am not shopping for a suit
2. I AM shopping
3. I am in fact shopping for a raincoat.

Does that matter? It might matter a lot if the investigation involves a stolen raincoat and not a stolen suit. You do NOT know what the officers are thinking or what they are suspecting. Perhaps our bank robbery took place at the same time as your raincoat shopping, at the bank next door. Did it help you to share that you were in the right place at the right time to have committed the suspected crime? Not much!

Timing and Benefits of Early Legal Representation in Criminal Matters

So the right time to get your lawyer going is as soon as you believe that the cops have an interest in you. If it turns out to be nothing, that’s wonderful. And it may take very little lawyer billable time to discover that. If it turns out to be “something,” then you’ll be glad you got the lawyer earlier in the case. Additionally, you WILL sleep better once your lawyer is on the case.

Next: I think I need to have a chat with a criminal defense attorney. How do I identify the right lawyer for me and for the situation?

Reach us at Dolan+Zimmerman, Lenny@dolanzimmerman.com  (720) 610-0951 or after hours/text (720) 320-6201

REMEMBER! Sooner is better. I have personally spoken to law enforcement when they were at someones front door, when they were already in the house and on the phone, and more. I have spoken to law enforcement who are “on the scene” many times, avoiding my client’s need to feel pressured to talk. In at least one extreme case I convinced a patrol car with two officers, already in my client’s driveway, to simply leave. Two of us were already there. We convinced (truthfully) that it was a mental health issue, and that we were in control of it.  That was exceptional lawyering with a happy ending.

Leonard Frieling, Esq

Attorney at Law

Leonard Frieling Pen Of Justice

• Multi-published and syndicated blogger and author.
• University lectures at University. of Colorado, Boulder, Denver University Law School, Univ. of New Mexico, Las Vegas NM, and many other schools at all levels. Numerous lectures for the NORML Legal Committee
• Former Judge
• Media work, including episodes of Fox’s Power of Attorney, well in excess of many hundreds media interviews, appearances, articles, and podcasts, including co-hosting Time For Hemp for two years.
• Life Member, NORML Legal Committee, Distinguished Counsel Circle.
• Photographer of the Year, AboutBoulder 2023
• First Chair and Originator of the Colorado Bar Association’s Cannabis Law Committee, a National first.
• Previous Chair, Boulder Criminal Defense Bar (8 years)
• Twice chair Executive Counsel, Colorado Bar Association Criminal Law Section
• Life Member, Colorado Criminal Defense Bar
• Board Member Emeritus, Colorado NORML, and prior chair during legalization, as well as pre and post legalization
• Chair, Colorado NORML, 7 years including during the successful effort to legalize recreational pot in Colorado
• Senior Counsel Emeritus to the Boulder Law firm Dolan + Zimmerman LLP : (720)-610-0951
• Board member, Author, and Editor for Criminal Law Articles for the Colorado Lawyer, primary publication of the Colorado Bar Assoc. 7 Years, in addition to having 2 Colorado Lawyer cover photos, and numerous articles for the Colorado Lawyer monthly publication.
• http://www.Lfrieling.com