What to Do If You Are Under Criminal Investigation Before Charges Are Filed
Many criminal cases begin long before an arrest or formal charges. You might learn that you are under investigation through a call from a detective, a request for an interview, or even questions directed at friends or family members. At this stage, what you do or don’t do can have a profound impact on whether charges are filed at all.
Being investigated does not mean you’ll be charged
Law enforcement investigates a wide range of situations, and not every investigation results in criminal charges. However, investigators are actively gathering evidence and statements to determine whether your prosecution is justified. Anything you say or do during this period can be used to build a case against you later.
This is why early caution is critical.
You have the right to remain silent
One of the biggest mistakes people make is thinking they can “clear things up” by talking to the police. Even if officers seem friendly or casual, it’s important to remember they’re not there to look out for your best interests.
You’re not required to:
- Answer their questions
- Go to a voluntary interview
- Explain what happened or give a timeline
It’s completely legal, and often very smart, to politely say you don’t want to talk without a lawyer present. Choosing to stay silent or ask for an attorney can’t be used against you in court. Knowing and using your rights is one of the best ways to protect yourself.
Be careful with informal communications
Statements don’t have to be made in an interrogation room to cause problems. Text messages, emails, social media posts, and recorded phone calls can all become evidence.
If you believe you are under investigation:
- Avoid discussing the situation with others
- Do not post about it online
- Do not attempt to “fix” the situation yourself
Even well-intended explanations can be misunderstood or taken out of context.
Why hiring an attorney early matters
A lot of people wait until they’ve officially been charged to get a lawyer, but by that point, some important decisions may already be out of their hands. Getting an experienced criminal defense attorney involved early, even during the investigation phase, can make a big difference.
A good attorney can:
- Talk to the police for you
- Help you avoid making statements that could be used against you
- Spot problems or gaps in the evidence early on
- Push back to try to prevent charges from being filed in the first place
In some situations, having a lawyer step in early can lead to lesser charges or help you avoid charges altogether.
Talk to a Wilmington, DE, Criminal Defense Attorney Today
Michael W. Modica represents the interests of Wilmington residents who are facing serious criminal charges. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
