Investigations & Interviews - Barzee Flores Federal Criminal Defense Attorneys

Interrogation and Interview Techniques:
The Little Things Can Mean A Lot

If a professional interviewer or interrogation specialist is interviewing you in relation to alleged criminal activity on your part, you can expect the unexpected. They are experts at obtaining information by using a wide array of personal and psychological behavioral assessment methods:

- Purposefully posing open-ended or leading questions.

- Watching for and recognizing signs of deception.

- Using kinesics-related interviewing skills, such as studying the alleged suspect’s body language, hand motions, posture, eye movement and other forms of nonverbal communication.

- Utilizing differing styles of interrogation, such as “good cop vs. bad cop”, wherein one interviewer may appear to befriend the suspect in an effort to gain his confidence, while a second interviewer will remain aggressive in his actions or demeanor.

- Arranging the physical elements of the interrogation room in a specific way in an effort to place the suspect in an uncomfortable setting.

- Using specifically designed language and phrasing developed to elicit a certain response.

- Offering a compelling argument regarding the benefits of confessing, or “selling” the alleged criminal on why a confession or the offering of information would be to his benefit.

Miami Federal Criminal Defense Lawyers

Investigations and Interviews

Law enforcement officials, specifically federal prosecutors, investigators and litigators, are highly trained in the interrogation and interviewing of alleged criminals. Entering into and interrogation without a seasoned and experienced criminal defense attorney can greatly affect the outcome of the case against you, and adversely alter your life forever.

We’ve all seen television shows and movies containing scenes in which an alleged suspect is being grilled by a law enforcement interrogator, and the tactics they employ to coerce a confession or information related to the crime. The reality is such interrogations often occur when law enforcement is fishing, when investigators lack the necessary evidence for criminal charges, or when authorities are trying to build a case against a defendant.

Many times some of the most damaging evidence heard in a courtroom comes from statements a defendant made during an interview, whether those statements are incriminating or are at odds with the physical evidence. And sometimes a defense might have been built around a certain legal theory or possibility, except for contrary statements a defendant made during an interview.

In the world of law enforcement, there can be a huge difference between an interview being conducted by a local police department’s detective, and one involving agents from the FBI, Secret Service, Immigration and Customs Enforcement, (ICE), Housing and Urban Development, (HUD), or other federal agency. Federal interviewers and investigative agents undergo intensive training to prepare themselves for interrogating suspected criminals. Their tactics and practices are designed to leave no stone unturned in their efforts to reach their goal, which is to gather potentially damaging information from the accused.

You may be surprised to learn that even though the majority of local law enforcement agencies throughout the country advocate the use of electronic recording devices – either a tape recorder, video camera or both – while interviewing or interrogating a suspected criminal, the FBI’s policy does not call for any such device to be present. In fact, the FBI may elect to only tape an interrogation under specific circumstances, and under the specific order of the Agent in Charge. There is no federal law that mandates any federal law enforcement agency – including the FBI, ICE, HUD or others – to electronically record the interview or interrogation of suspected criminals in their custody.

The FBI has cited logistics related to ensuring that electronic recording equipment is always available when an interrogation takes place, the additional manpower and time needed to record, issues with accurately transcribing and logging the data, and other administrative reasons for their policy on selectively recording interviews. If no recording exists, who do you think the jury is more likely to believe: a suspect, or a federal agent?

At the Miami federal criminal defense law firm of Barzee Flores, we aggressively defend the legal rights of clients accused of federal crimes. If you find yourself in such a precarious position, we urge you to not go it alone. A seemingly offhand comment during an interview or interrogation conducted by a federal law enforcement agency can lead to severe consequences that will adversely affect the rest of your life, and that of your family.

Contact us immediately to learn how we will defend your case and aggressively protect your rights under the law.

Call Barzee Flores today at 305-374-3998 to learn how we can help