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Many people think they do not need a lawyer until they are arrested, but it is a good idea to consult with an experienced criminal defense attorney when you suspect you may soon be arrested. A lawyer could communicate with the police, keep you up to date on the investigation, represent your interests throughout the process, prevent the prosecutors from filing charges, or arrange pre-trial diversions. When you face legal problems, choose a lawyer familiar with criminal investigations in Minnesota.
The police begin the criminal process with an investigation when they believe a person committed a crime. Sometimes, a suspect will be aware as soon as the investigation begins and may even be present when someone initially contacts the police about them. Other times, people are surprised by police investigations, which can lead to them making bad decisions out of fear.
Knowing who is investigating is critical. Minnesota has local, state, tribal, and federal law enforcement agencies, each with jurisdiction over different crimes and locations. The Minnesota Bureau of Criminal Apprehension (BCA) is a statewide investigative bureau that provides investigation and forensic science services to these various law enforcement agencies.
A Minnesota attorney who handles criminal investigations could guide decision-making by gathering facts, determining what evidence the police have or could discover, and strategizing the best defense.
Many believe the police will Mirandize them and allow them to seek counsel before interrogation, but police are only required to provide Miranda warnings and advise people of their right to counsel upon arrest.
The police do not have to inform a person they are under arrest for it to be an arrest. If a suspect is unable to leave, they are under arrest. Even if the police do not inform a suspect of their right to an attorney, people always have a right to an attorney during police questioning.
Some worry getting an attorney during questioning will make them look guilty. Having an attorney is an essential constitutional right because most people are not adept at handling themselves during a police interrogation, and suspects should never talk to the police without a lawyer. Anyone with reason to believe they might be a suspect in a Minnesota criminal investigation should retain counsel before police questioning.
The Fourth Amendment protects people from unreasonable searches and seizures. However, the courts still give law enforcement substantial leeway to conduct searches. When they have a valid reason to search, they can get a warrant, which will allow them to look in specific places for specific items.
Most attorneys advise suspects not to consent to searches, which adds an extra layer of protection for suspects in Minnesota criminal investigations. Refusing to agree to a search does not mean a search will not happen because the police can always request a warrant. It means a judge will review whether the police have cause for a search.
When you have reason to believe you are the target of a criminal investigation in Minnesota, an attorney from BK Law Group can assess the evidence against you, discuss possible charging options and their consequences, and help you develop a defense strategy. In many cases, a lawyer may help you get reasonable bail so you can fully participate in your defense. They could negotiate lower charges or a plea deal and  develop factual scenarios that challenge the prosecutor’s version. Remember, the burden of proof is on the government. Your lawyer must only establish reasonable doubt, not prove you are innocent.
When you are a suspect, there are two possibilities: you either committed a crime, or the police have the wrong person. A criminal defense attorney can help in either case. Schedule your consultation today.