General Information
The United States Supreme Court has changed the rules on whether law enforcement may try to question you after an attorney is appointed. At one time after our appointment by the court, law enforcement could not contact you to question you about the crime we are appointed to represent you regarding. Now, under some circumstances law enforcement can try to question you even after we were appointed. Talking to law enforcement will not help you or your case. Your right to remain silent is an important constitutional right, which you should not give up.
If you are approached by any person (anyone) who wants to talk to you at all about any charge against you, you may tell that person, “No.” You may also read them the following:
“I have a lawyer. I will not talk to anyone without my lawyer being present. Call my lawyer if you want to ask me questions about anything. I give up none or my Constitutional Rights.
It may become appropriate for your best interest to later testify or talk about the events on which any charges against you is based, and your attorney will discuss it with you thoroughly in advance, and your attorney will be there with you the whole time you are being questioned.
Anything you say can and will be used against you. This is true whether you talk to a police officer, a person in a cell with you, a friend or your family. Unless your lawyer and you have expressly decided to communicate with law enforcement or another party, do not offer any statement to anyone or any agency even if you are promised leniency or a reduced sentence. The only one with the authority to reduce the punishment against you is the judge.
Inmates are not lawyers and some inmates want to use any information they can gain about your case for their own benefit in striking a deal in their own case. So do not tell anything about your case to other inmates. Additionally, the case information other inmates discuss is usually based on rumour and guesses regarding sentences in other matters. Your lawyer has and will communicate to you accurate information regarding your case.
Your attorney can only help you if he or she knows where you are. If you are not in custody, make sure your attorney has your present home address, present work address and all necessary phone numbers (work, home and cell). If you change where you live, tell your lawyer right away. If you are in custody, make sure your attorney knows where you are.
All of our effort and resources are dedicated to providing you with effective and quality representation. However, if you do not follow your lawyer’s requests (for documents and/or other information, to be at meetings when required, to be in court when necessary), your attorney will not be able to effectively represent you. You must help your lawyer help you.
Yes, you should call your lawyer with any questions or concerns you have about your case. Feel free to use our toll-free number. If you are in a jail and cannot dial us directly, call us collect. When you call the office be sure to ask for the lawyer who is representing you, or for the paralegal who is working with the lawyer on your case.
If you are in a jail, prison or even a halfway house, your phone calls are probably monitored and recorded so you should not talk about your case or case related matters over the phone. Any comments you make during a phone call may be used against you in any court.
Any and all conversations you have with your lawyer, his or her paralegal and investigator, as well as the staff are privileged and confidential and will not be repeated to anyone. However, if you expressly allow your lawyer discuss your case with family and friends, your lawyer may do so. However, it is not a good idea to discuss your case with individuals who are not part of the case, because they will play a very limited role in case preparation and the development of case strategy. Although your lawyer may discuss your case with the prosecution in an attempt to resolve the matter, confidential information will not be discussed with prosecutors.
If you are being held in jail while you are waiting for your court date, your lawyer, investigator or paralegal, will visit with you in jail as often as is necessary to prepare your case and keep you informed. We want to do everything we can to ensure a good outcome in your case. However, in order to efficiently use his or her time, your lawyer, investigator or paralegal, will only visit with you in the jail facility when it is necessary for your case.
- Do not talk while court is in session. If you have any questions, write them down on a note pad that will be provided to you by your lawyer.
- Avoid showing emotions. Be attentive and respectful during your court proceeding. How you portray yourself may have an effect on the treatment you receive from all parties involved in the resolution of your case. If you disagree with statements made during court proceedings or decisions by the court, do not become visibly angry or agitated.
- Always stand and speak clearly when addressed by the judge or when giving any statement to the judge.
- You should dress properly for court. Your lawyer or other staff can tell you how you should dress for court.
- Never appear in court under the influence of drugs or alcohol and never have any illegal or prohibited items in your possession.