Sometimes when a person is facing a criminal charge, they believe that it is a situation that can be easily straightened out if they can simply have a conversation with the District Attorney (D.A.). In these situations, they wonder if they can talk directly to the D.A. The answer is that yes, you hypothetically can, but there are limits – and it is almost certainly not a good idea to do so. Keep reading to learn why and then contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.

There Are Ethics Rules Regarding What a D.A. Can Talk to You About

In short, you could talk to someone in the D.A.’s office or the D.A. themselves, but there are ethics rules that prevent the DA from talking to you if they know that you are being represented by a criminal defense attorney. This is true in every state, and it is true whether the crime is a minor battery charge, a charge of homicide, or anything in between.

The Prosecutor Must Inform the Defendant of Their Rights

If a person does not have a criminal defense attorney, then the DA could agree to talk to them. However, the DA is then required to inform the defendant that they have the right to remain silent and that they have the right to an attorney. In the event that the defendant expresses a desire to talk to an attorney, whether a public defender or private attorney, then the DA is required to stop talking to the accused immediately.

There Are Important Reasons Not to Talk to the DA

While we understand that you might be tempted to talk to the DA, there are many very good reasons that you should avoid doing so. First of all, doing so could easily provide the prosecution with information about your case that they did not have and would not otherwise have gotten. You might plead guilty or admit guilt to something the prosecution would not have been able to prove, or you might agree to something you do not fully understand the consequences are.

The DA Generally Has Limited Information

Another important factor to consider is that in most cases, the DA has very limited information about the case initially. This is likely only what is contained within the police report, information from the grand jury proceeding, and statements from the alleged victim. There are other ways of obtaining most of this information.

At the end of the day, it is never a good idea for an accused person to talk directly to the DA without an attorney present. If you have been charged with a crime in California, contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.