A phone call from a detective saying they have a few questions for you, a knock on the door from police, a message from a friend saying officers asked them about you; there are many ways for you to find out the police are investigating you. Knowing what to do if you are under police investigation in Orange County can be the difference between getting a head start on creating a defense strategy with your lawyer and giving the prosecution a critical advantage.
Why Hire an Attorney During the Pre-Filing Investigation?
During the pre-filing investigation, one of the most important roles an Orange County criminal defense attorney can fulfill is managing interactions with the police. Investigators may try to reach out to you with questions or bring you in for an interview. When speaking to them without a lawyer, you may say something that incriminates yourself. Your attorney can answer questions in a way that does not give them more evidence against you.
Furthermore, your attorney can get to work crafting criminal defense strategies as soon as they get involved. They can launch their own investigation to determine what evidence the police may have. That way, they can be better prepared if charges are eventually filed. With 810,400 people arrested in California throughout 2024, the need for an experienced criminal defense attorney, such as the one at The Law Offices of Jacqueline Goodman, is quite high.
Your Rights During an Investigation
During an investigation, you have certain rights that police are supposed to respect and uphold. You have the right to remain silent, meaning you don’t have to answer any questions that the police ask you. If you do choose to speak with the police at all, you can choose to exercise this right at any point. You also have the right to an attorney and to have them present during questioning. That way, they can keep you from saying anything incriminating.
In addition, the Constitution protects you from warrantless searches, meaning you can deny investigators access to your home, car, phone, and other property if they don’t have a court order. You can voluntarily submit to a search and then decide to stop the police at any time, as well.
The Tactics That Investigators Use
Investigators will employ numerous tactics to try to get information out of you or receive your consent to search your property. Some common tactics they use include:
- Acting like you’re friends
- Threatening to arrest you if you don’t answer
- Claiming that questions are just routine, and you aren’t in trouble
- Lying by saying that someone else has already told them everything
Don’t fall for these tricks. When in doubt, tell police that you will not be speaking without your attorney present. A lawyer from The Law Offices of Jacqueline Goodman can be your trusted ally throughout the process, protecting you from an investigator’s tactics and working hard to safeguard your rights.
About The Law Offices of Jacqueline Goodman
At The Law Offices of Jacqueline Goodman, we’re dedicated to providing the criminally accused with skilled and knowledgeable legal support. With over 20 years of experience, we solely focus on the most serious state cases, including arson, domestic violence, drug crimes, sex crimes, violent crimes, and terror charges. Above all else, we’re dedicated to protecting the freedoms of our clients.
Crime rates in California are dropping, with a 6% decrease in violent crimes across 2024. Still, the role of a criminal defense attorney cannot be overstated. We know California’s criminal defense laws, and we can put that knowledge to work on asserting your rights during an investigation or picking apart the prosecutor’s case.
FAQs
What Should I Do With My Social Media Accounts If I’m Under Investigation?
If you’re under investigation for a crime, do not delete your posts, messages, or accounts without speaking to a lawyer first. Depending on the crime being investigated, this could be considered the destruction of evidence. However, you should stop posting on social media. Anything you post could be used against you, even if you think it seems harmless.
Can the Police Investigate Me Without Notifying Me?
Yes, the police can investigate you without telling you. They are under no obligation to inform you of any investigation into a crime you may have committed. In fact, this is how most investigations occur. Law enforcement may conduct surveillance, monitor your digital activity, and interview potential witnesses before ever contacting you. By the time you hear from the police, they may already have a substantial case.
When Do My Miranda Rights Apply During an Investigation?
Technically, the rights included in the Miranda Warning always apply, but the police do not need to read you the warning until you are in custody. You always retain your right to remain silent. You also have the right to an attorney who can represent your interests during a criminal investigation or proceeding, as guaranteed by the U.S. Constitution.
Can I Refuse to Let Police Search My Home, Car, or Phone?
Yes, you can refuse to let the police search your home, car, or phone if they do not have a warrant or probable cause to believe that a crime is being committed. All you have to do is calmly say, “I do not consent to a search.” However, if police do have a valid search warrant, don’t try to stop them from searching your property, but also don’t offer up any information.
Hire a Criminal Defense Lawyer
If the police are investigating you, now isn’t the time to be relaxed about the situation. Be proactive and hire a criminal defense lawyer to preserve your rights, prevent self-incrimination, and begin building your defense, even before charges are filed.
Contact The Law Offices of Jacqueline Goodman today to schedule a consultation. We can discuss the facts of the case, explain what to expect from the legal process, highlight your options, and begin creating a defense strategy. A criminal conviction can follow you for the rest of your life, and you need to take immediate steps to protect your freedom and maintain your innocence.