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When you are the subject of a criminal investigation, it is crucial to get legal representation as soon as possible. A seasoned criminal defense attorney could help you through the process before police ask to interrogate you or put you under arrest. In fact, early legal intervention could help you avoid many of the problems that can arise from a criminal investigation. Your lawyer may be able to speak to authorities to gather information about the investigation or provide them with information that removes you from the list of potential suspects. Alternatively, if you are guilty, an attorney could assess what evidence the police have collected.
Many people wait until they have been arrested to hire a legal professional. However, this delay can shut down some of your potential responses to an investigation. A lawyer familiar with criminal investigations in Edina could help you understand the severity of the situation and explore the potential avenues for your case with care.
The U.S. Constitution has specific safeguards that protect people during criminal investigations. Under the Fourth Amendment, law enforcement must have probable cause to engage in a search and seizure, and unless there are serious circumstances, they need to get a warrant before a search.
In addition to the Fourth Amendment, various other elements within the Bill of Rights also protect people during criminal investigations. For example, the Fifth Amendment shields a person’s right to an attorney and now requires police to advise people of that right. These advisories, known as Miranda warnings, ensure that suspects are aware of their right to legal representation and that they do not need to participate in police interrogations.
Many people fear that they will look guilty if they choose not to cooperate in a police investigation. However, it is crucial to understand that invoking constitutional protections is not evidence of guilt. Until an individual has legal representation, they should not agree to police questioning or voluntarily submit to a search. Instead, it is vital to get legal advice before this type of cooperation. A skilled Edina lawyer may advise a person to cooperate in their criminal investigation but in a manner that protects their rights and interests.
Many criminal convictions are based on law-enforcement overreach. Constitutional rights are not just procedural steps. They are essential to ensuring that innocent people are not convicted of crimes. Despite this, it is estimated that up to 10 percent of incarcerated people may actually be innocent of the charges against them.
A credible lawyer in an Edina criminal investigation could immediately raise concerns should law enforcement not follow all of the appropriate steps and procedures. These circumstances can sometimes lead to charges being dropped, investigations being suspended, or the police focusing on another suspect. Criminal cases often build on their momentum. Intervening early in the process is easier and less expensive than derailing them later on or preparing a defense once charges have been filed.
Both the U.S. Constitution and Minnesota state law guarantee that every individual is presumed innocent until proven guilty. The burden of proof is placed on the state, and any conviction must be beyond a reasonable doubt. However, this guarantee does not reflect the reality of many criminal investigations.
Like most people, law enforcement professionals are susceptible to confirmation bias. For example, when the Edina police believe they have a good suspect, there may be a natural inclination to focus on that individual instead of completing a comprehensive criminal investigation.
As a potential suspect in criminal investigations in Edina, it is never too early to consult an attorney. Even if the authorities have not yet approached you with a warrant or asked to question you, a proactive lawyer could take steps to learn more about the investigation and help you get ahead of the investigation. Whether or not you are innocent or guilty, having legal representation can position you advantageously for the rest of the investigation.