Initial pre-arrest client interview

Initial pre-arrest client interview

A client may learn of an outstanding warrant for his or her arrest from law enforcement investigative activities or from the arrest of other suspects. A potential computer crime suspect may present himself or herself to an attorney because of the fear that arrest is likely, or because they seek a way to resolve the problems that led them to acts which might constitute computer crime.FN58 Therefore, counsel may have the opportunity to make the initial contact with the client before his or her arrest. In such cases, the attorney is in a position to considerably assist the client. If a warrant for arrest has in fact been issued, the attorney should advise the client to surrender to proper authorities; counsel should then arrange the surrender with the officer holding the warrant.FN59 Voluntary surrender, with an attorney present to make arrangements for speedy release, is most often vastly preferable to the occasional indignities and certain inconveniences that come from unanticipated arrest or by seizure of incriminating evidence pursuant to arrest.FN60 A supervised surrender also should avoid any possible disadvantages resulting from incriminating statements made by the defendant at the time of his or her arrest.

In addition, in light of the technical difficulties many computer crime cases present, and the likelihood of a minimal sentence,FN61 the possibilities of resolving the matter before arrest are real. Counsel may want to contact a representative of the victim who has authority to decide not to pursue criminal sanctions. The number of businesses that have been persuaded not to proceed against computer criminals whom they have caught is sufficiently high to make this option worth considering. In addition there are alternatives available to state and federal prosecutors, including consent agreements, deferred prosecutions, and diversion.