One of the most damaging situations for the defense is appearing at the police station without prior knowledge of the facts.
When many people are subpoenaed, believing that there is no possible defense or that they are innocent, they appear at the police station without knowing what is in the police investigation. Some people show up without even knowing what the police investigation is about.
The hearing without prior knowledge of the elements of the police investigation can be harmful since the person being heard can:
- Feel compelled to confess
- Get caught with an arrest warrant or other precautionary measure
- End up making statements that make your situation difficult
- Lose the opportunity to present documents that prove your version of the facts
A Criminal Lawyer will be able to help with obtaining and analyzing copies of the police investigation, as well as talking to the Chief of Police to understand what the line of investigation is. In this way, the subpoenaed person will have more security to appear at the police station, since he will be well informed.
Outline a defense strategy
The defense strategy is essential in a police investigation. A criminal lawyer is a person who has technical knowledge capable of indicating the best way to act in the investigation. This strategy consists of listening to the facts and starting from what the client explains:
- Analyze the documents and elements in the police investigation
- Evaluate the quality of the evidence and its weaknesses in the investigation
- Search for documents that can corroborate with the client's version
- Analyze and point out any weaknesses in the police investigation, among other elements.
3. Guidance on the risks
Criminal law is counterintuitive and the risks are not always clear. A Best Criminal Lawyer in Calgary will be able to analyze the police investigation and verify several risks such as:
- Criminal responsibility for another fact not addressed in the investigation
- Search and seizure, breaches of confidentiality, and other precautionary measures
- Prison
- Escalation of crime under investigation
Often, the lawyer's job is to raise awareness of existing risks and to seek to mitigate them, as far as possible. Risk mitigation can take several forms, such as the preparation of a petition, filing of habeas corpus, and presentation of relevant documents in the police investigation, among other measures.
4. Accompany in hearing
Hearing support is usually what leads a person to look for a Criminal Lawyer in Calgary, despite being a small part of this professional's work. This is because there is a lot of previous and posthumous work that can be done by the criminal lawyer.
In the hearing, the lawyer remains beside his client and seeks to ensure that:
- There are no discrepancies between what was said by the client and what was written by the delegate/scribe.
- Often the delegate/scribe may seek to summarize what has been said and leave out elements that are important or generalize something that should be accurate.
- No abuse is committed against the customer
- The client is not compelled or induced to confess
The lawyer's role is much more than just standing by the client's side during the hearing. In addition to being able to explain the facts to the Chief of Police, the lawyer assists in the hearing, in order to preserve the client's rights and to ensure that the written statement reflects exactly what was said.
