I’m Under Police Investigation But Haven’t Been Charged: Do I Need a Lawyer?
Getting that ominous call or visit from the police can make your stomach drop. Even if you haven’t done anything wrong, being under investigation triggers fear and anxiety. You likely have a lot of questions about your rights and options. The most common one we hear is: “Do I need a lawyer?”
The short answer is yes. Having legal counsel guides you through the complex criminal justice system and protects your rights. Keep reading to better understand why hiring an attorney makes sense. We’ll also cover what happens in a criminal investigation, strategies lawyers use to build strong defense cases, and types of legal assistance available.
What Does It Mean to Be Under Investigation?
When police tell you that you’re under investigation, it means they suspect you may have committed a crime. However, at this stage, no formal charges have been filed yet. Investigations involve gathering additional evidence and information to determine if there’s enough to justify an arrest and charges.
Common investigation techniques include:
- Interviewing witnesses and people connected to the case
- Analyzing records, documents, phone calls, texts, etc.
- Search warrants to obtain physical evidence from property/devices
- Surveillance to monitor movements and activities
- Line-ups to identify suspects
This information then gets presented to a prosecuting attorney who decides if there is enough evidence to file formal criminal charges against a suspect and proceed to arrest them.
Why Do I Need an Attorney if I Haven’t Been Charged Yet?
The short answer—to protect your rights and future.
Here are key reasons it’s wise to hire counsel early on:
- Prevent charges from getting filed at all
- Uncover illegal evidence/police mistakes
- Negotiate a favorable plea deal if charges do get filed
- Avoid unknowingly incriminating yourself
- Understand the legal process and next steps
An experienced criminal defense lawyer starts building a strong case from day one. Their legal knowledge and investigative skills can uncover issues with the prosecution’s case. For example, showing evidence was obtained illegally through improper searches or coerced statements. This can get charges dismissed before it ever reaches trial.
In cases with strong evidence where charges do get filed, lawyers leverage flaws to negotiate better plea bargains. Taking a plea deal for reduced charges or a lighter sentence is extremely common to avoid lengthy public trials. Over 90% of state and federal criminal cases end with plea bargains.
If charges haven’t been filed yet, it’s critical not to accidentally make incriminating statements that strengthen the case against you. Discussing details of an investigation with anyone other than your attorney can seriously backfire. Police use interrogation techniques that encourage suspects to let down their guard and admit to engagement in criminal activity without realizing the implications. Even explaining wanting to cooperate or set the record straight can get twisted against you.
You Need Someone in Your Corner
Facing police scrutiny is scary and the legal system is complex. Having an advocate in your corner makes all the difference. Seasoned lawyers have seen hundreds of investigations and criminal cases. They understand police practices, defense strategies, and how to negotiate with judges and prosecutors.
Relying on public defenders once charges have been filed leaves you vulnerable. At that point, the prosecution likely has a solid case and you’ll have an uphill legal battle. Don’t take chances with your future. Consult with a criminal defense lawyer as soon as you know an investigation is underway.
What Happens in a Criminal Investigation?
Now that you know why legal help is so important early on, let’s look at what generally happens step-by-step:
Initial Suspicion
Something prompts the police to suspect your involvement in criminal activity. This could be an eyewitness account, security footage, phone records, an informant tip, or other evidence. If suspicion seems valid, they open an official investigation.
Information Gathering
Investigators start gathering evidence to confirm or refute suspicions of wrongdoing. As mentioned earlier, common techniques include interviews, records collection, surveillance, search warrants, etc. If evidence surfaces that shifts suspicion away from you, they may close the case.
Case Review
Prosecuting attorneys determine if obtained evidence warrants formal charges against a suspect. If they feel a conviction is unlikely, they can decline to file charges. Otherwise, they prepare an affidavit with proposed criminal charges for court submission.
Arrest Warrant
Prosecutors present a judge or magistrate with the affidavit and evidence justifying charges. If compelling enough, the judge signs an arrest warrant allowing the suspect to be taken into police custody.
Booking & Bail Hearing
After arrest, suspects undergo booking which involves fingerprinting, photographs, and background checks. Many suspects then qualify to post bail allowing release until trial. Those considered flight risks or to the public’s safety may be held until the trial.
Preliminary Hearing
Within a certain number of days after arrest (e.g. 10 days), a judge reviews the prosecution’s evidence at preliminary hearings. They determine if probable cause exists to justify the charges and bind the case over for trial.
Pre-Trial Proceedings
In the months leading up to trial, defense lawyers file motions contesting evidence or requesting information from prosecutors. They also discuss plea bargain options with the prosecution when appropriate. Extensive trial preparation occurs on both sides during this time.
Criminal Trial
During the trial, prosecutors present evidence and call witnesses seeking to prove beyond a reasonable doubt that the defendant committed the crime. Defense lawyers seek to discredit witnesses to instill doubt in the prosecution’s version of events. Side discussions regarding plea deals frequently continue.
Verdict
The judge or jury decides if the prosecution successfully proved guilt beyond a reasonable doubt. If guilty, the judge determines sentencing based on minimum/maximums for that crime. Sentences often involve fines, probation, restitution orders, imprisonment, or a combination.
Post-Trial Appeals
Defense lawyers can file appeals if they believe errors in the trial process violated rights or compromised the verdict. Higher courts may uphold the verdict or order a new trial if merits in the appeal exist.
This lengthy and complex process means having legal guidance from the initial investigation stages is critical. Seasoned lawyers identify problems early, build strong cases, negotiate favorable outcomes, and advise clients on legal rights/implications every step of the way. Don’t go it alone if you find yourself under the police microscope.
Reach out for a free consultation with a defense lawyer to discuss your situation and next steps. With an experienced legal guide, you can navigate the complex justice system confidently and work toward the best possible outcome.