Investigated but Not Charged

IF YOU HAVE NOT BEEN CHARGED WITH A CRIME, BUT ARE BEING INVESTIGATED BY STATE AND/OR FEDERAL AUTHORITIES, WHAT SHOULD YOU DO?

If you believe you are being investigated in connection with a criminal offense, especially a felony offense, you should consult with an experienced criminal defense attorney immediately. An attorney, especially one who has been a prosecutor in the past, can very often make calls to various law enforcement officials and determine if there is a case being investigated. The attorney will be able to give you advice as to whether you should make any statements to investigators or allow a search of your property. You do not have to give a statement to the police. Any statement can and will be used against you. Likewise, unless the police have a search warrant, you have an absolute right not to allow the police to search your property except in very limited circumstances. You do not have to consent to the search. However, any denial of cooperation on your part to law enforcement should be done very politely.

In addition, an experienced attorney, if called during the investigation stage, can often:

(1) obtain information regarding the investigation so that you can make intelligent decisions regarding how to proceed;

(2) attempt to convince investigators and/or prosecutors not to go forward with a prosecution;

(3) in state court and sometimes federal felony cases, make a presentation to the grand jury on your behalf urging that it not return an indictment against you;

(4) make self surrender and bail arrangements so that, if you are eventually charged, you can turn yourself in, so as to avoid being arrested at your home or work.