When we are hired by a person after a felony arrest, we will immediately
interview them. Sometimes we will have them interviewed up to 3 different
times by 3 different members of our firm, whether over the phone or in
our conference room. Depending upon the nature of the charge, the character
of the client, the past record of the client, and the evidence against
the client, we may advise the client to cooperate with police.
For example, clients who are actually innocent of the charge typically
fare better by cooperating with detectives and/or prosecutors. Naturally,
we may not know if a client is actually innocent so sometimes we will
have them interviewed a 4th time by one of our investigators (a former police detective). Depending
upon how that interview goes, we may move up to a fifth interview with
a polygraph examiner. Depending upon the results of the polygraph, we
will discuss the pros and cons of cooperating with our client.
When we do agree to give an interview to a detective, sometimes we will
request that the interview be conducted in a conference room at our office.
There are reasons for that. Other times, we will agree to meet at the
police department knowing that the interview is being recorded and/or
It is quite risky to cooperate with law enforcement if a client is actually
guilty. If we believe the client is guilty and we cooperate with detectives,
we always have a very specific result in mind. Sometimes we cooperate
to start the process of Intervention in Lieu of Conviction if it is a
drug-related case or to prime the pump for Diversion if it is an eligible
case and offender.
One rule is hard and fast – never give an interview to a detective without
(a) being interviewed first by a local
criminal defense lawyer and (b) always having a lawyer with you when you give an interview to
Without exception, to date, we have never had an interview result in harsher
treatment or additional charges. But, we don’t always cooperate with