What to Do if You Are Under Criminal Investigation
If you believe you’re under criminal investigation, what you say and do before charges are filed can influence how the case develops. Before providing information, you should understand the legal protections available to you.
The Law Office of Jonathan M. Harvey provides criminal defense representation in Columbia, SC, and the surrounding area. This article explains your rights during a criminal investigation and discusses what to expect before prosecutors decide whether to bring charges.
How Do You Know If You Are Under Criminal Investigation?
Law enforcement doesn’t always tell someone that they’re under criminal investigation. Instead, investigators often gather information before deciding whether to pursue criminal charges.
Signs of a criminal investigation can include:
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A police officer, detective, or federal agent contacts you
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Investigators contact family members or other potential witnesses
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You receive a subpoena requesting documents or testimony
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Law enforcement executes a search warrant
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Investigators ask to interview you about a suspected crime
Being under investigation doesn’t necessarily mean charges will be filed. This stage of the process helps determine whether the available evidence supports criminal allegations.
Understanding Your Rights Before Speaking With Investigators
Two important rights during a criminal investigation are the right to remain silent and the right to consult with an attorney.
The Fifth Amendment protects against self-incrimination, and that protection applies before an arrest, not just after. You’re generally not required to answer investigators’ questions or provide a statement.
You also have the right to speak with an attorney before deciding whether to participate in an interview. A lawyer can help you understand the situation and evaluate requests from law enforcement before you respond.
Many people believe that cooperating with investigators will help clear up a misunderstanding. However, law enforcement officers are trained to evaluate statements and compare them with other evidence collected during an investigation. Even truthful answers can create problems if details are remembered incorrectly or timelines are unclear.
In some situations, interviews are audio or video recorded. Even when they aren’t, statements made to investigators can still become part of the evidence in a criminal case.
Practical Steps to Take During a Criminal Investigation
The following steps can help you protect your interests during a criminal investigation:
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Remain calm and avoid answering questions until you understand why investigators want to speak with you
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Ask whether you’re free to leave if the conversation takes place in person
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Avoid consenting to searches of your home, vehicle, phone, or other property without understanding your rights
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Request an attorney before participating in a detailed interview
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Avoid discussing the investigation with other people or on social media
Speak With a Criminal Defense Attorney
Questions from investigators can seem informal, especially when no arrest has been made. Even so, statements provided during an investigation can become part of the evidence considered later in the case.
If you have been contacted by law enforcement, speak with an attorney right away to understand your legal options. Get in touch with our legal team at The Law Office of Jonathan M. Harvey through our contact page or call 803-779-3363.