Restricting interrogation of defendant

Restricting interrogation of defendant

A criminal defendant has the right to counsel as soon as law enforcement official's take him or her into custody.FN56

Many computer criminals take pride in their crime, and are often eager to describe it in detail. Such eagerness is likely to hurt the client more than help, and therefore, should be guarded against wherever possible.

Upon being retained, the attorney should contact any investigators who might be working the case, as well as any prosecutors. They should be informed that the attorney is representing the client in question and that the attorney refuses to consent to any interrogation of his or her client without notice to the attorney and an opportunity to be present and advise the client as to whether the questions posed by the investigator or prosecuting authorities should be answered. Telephone calls to those involved in the case with written confirmations are most likely the quickest and best documented method to accomplish this goal. Sending these notices can provide further documentation by registered mail.