David Benowitz

If someone has been pulled over by the police, the first thing to remember is to be quiet and show compliance with the request from the police officers. If the police officer asks for the driver's license and registration, provide that. If the police officers asks them to step out of the care, step out of the car. However, this compliance should only go to a certain point. If a police officers asks to search the car or your person, the answer should be a polite "no". Additionally, individuals who are pulled over should not answer any question without a lawyer present.

The first step that someone could do to help their criminal case is to be quiet. Accused individuals should never speak to law enforcement without an attorney's advice and presence. There is no advantage to speaking with law enforcement without an attorney present, and there is no downside to remaining silent. Often, silence is the difference between ultimately being charged and not being charged. Law enforcement agencies depend in large upon statements made by people who are under investigation. Another way people can help with their criminal case is to fully disclose any and all information they have to their lawyer. Whether someone thinks it could hurt them or help them, it does not matter. The best thing for a lawyer to have when defending a criminal case or investigation is full disclosure. It is far easier to deal with the potential weaknesses of a case if the information that might expose somebody to criminal liability is disclosed to an attorney early on in the process.

The police do not always need a warrant to conduct a search. It depends on the various specific facts and circumstances in the situation. For instance, in a white-collar investigation, law enforcement agents typically use search warrants, or they can use subpoenas to examine records, emails, et cetera. In other situations, a search warrant may not be necessary. For example, if someone is goin through customs, coming back into the United States, these individuals have no constitutional protection against a search before they clear customs. It is important to note that ins searches that are conducted by Feds, individuals have the right to not consent to the search, which they should exercise.

Someone should contact a criminal defense lawyer as soon as they know or suspect they are under investigation. This could be something as obvious as a search warrant being executed or law enforcement agents showing up to interview them at their house or place of business. Something a little more subtle could be their bank disclosing that their account records have been subpoenaed.

Typically, the process for investigating a criminal case on the federal level is pretty lengthy, depending on the jurisdiction of the agency that is investigating. While some jurisdictions notoriously take a long time to investigate, other agencies may move a little bit more quickly. The complexity of the investigation may also play a role in the length of the criminal case process. During the COVID-19 pandemic, everything is slow as far as investigation. Once a charge is issued, whether it is by compliance or by indictment, again the length of the process from beginning to end also varies by jurisdiction. In federal cases, the quickest jurisdiction tends to be the eastern district of Virginia. However, in general, it will typically take about 18-24 months to resolve a case.

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