Bad Situations Become Worse The Migration of Family Law Issues into Criminal Cases By Larry Pozner, Esq. Hoffman Reilly Pozner & Williamson LLP 511 Sixteenth Street, Suite 700 Denver, CO 80202

Seeing the Signs of Trouble It is an ugly divorce Child custody is bitterly contested Previous domestic violence charges/issues The child “does not want to see _________” Any Cop/Social Worker calls

What types of people will investigate? Private Investigators Department of Social Services Police/Sheriff Department Beware: The surreptitious call from the alleged victim

Preliminary steps Educate clients on what to do if approached by any investigator Client: Make an immediate call to you Client: Don’t provide any information until authorized Counsel: Talk to the investigator in private Check for proper credentials and note name/number Obtain card or other identification

Determining whether there’s a problem (you become the investigator) Ask the nature of the investigative visit –Does the investigation concern a child or the spouse? –If “yes”, is the client the target of a criminal investigation? (assume yes) –If “yes” or “too early to tell” - contact criminal defense counsel immediately –If “no” why are they there?

Determining whether there’s a problem (cont’d) Does the investigator want to see records? Does the investigator want to do interviews? Client response: “I will have my attorney get back to you.” Your response: “I will get back to you.”

Lures for the Unwary Beware when the Investigator says: “We just want to clear this up” “Its routine …” “I’m sure we can straighten this out” “There are always two sides to the story and I’m just here to make sure I get your side” “He says/She says (sites outrageous conduct) “You should come down here to discuss…”

Responding to Request for Search Is client being served with a search warrant? If it is a search warrant, ask to see and read it immediately If search warrant: Keep a copy or make a copy of everything given to the agent If search warrant – client should contact legal counsel immediately No warrant=No documents: do not give consent to search premises or access to documents unless authorized by legal counsel

Rights of Individuals Individuals do have 5th amendment privileges Counsel should protect client from unwitting waiver of rights When safeguards are in place then there might be cooperation with properly authorized investigations

Responding to interview requests Be wary – The truth will not necessarily matter Client can agree to interview - but should be their sole discretion (Do not order them to do or not to do it) Legal counsel – must be present for any interviews Determine place of interview Set ground rules –Others may be present –Do not volunteer information –Taping and note taking –Can terminate interview at any time –Can refuse to turn over documents requested without a warrant or subpoena

The Problem can be Handled: Don’ts for the Client Do not destroy or alter any document or record Do not lie or make false or misleading statements Do not attempt to persuade any other individual to: –Lie or make false or misleading statements –Destroy or alter any document or record –Refuse to cooperate