What To Do If You Think You Are Under Criminal Investigation and a Detective Contacts You

Discovering you may be under criminal investigation can be an alarming and stressful experience. Many people are unsure how to respond when detectives reach out requesting information or an interview. You can decline a voluntary interview and consult a lawyer before answering questions about the alleged crime. Here are some important things to consider if you find yourself in this situation.

Don’t Panic, But Do Consult a Lawyer

The first thing you should do if contacted by a detective is try to stay calm. Just because an investigation is underway does not necessarily mean you will be charged with a crime. Try not to speculate about worst-case scenarios until you have more information.

Consult a criminal defense lawyer before agreeing to an interview, making a statement, or voluntarily providing documents. Your lawyer can assess the risks and communicate with investigators on your behalf. Having a lawyer present does not, by itself, prevent prosecutors from using your statements against you. If you receive a subpoena or investigators arrive with a warrant, contact counsel promptly; do not ignore deadlines or obstruct a lawful search.

Ask the Detective Basic Questions About the Investigation

When first contacted by law enforcement, you are entitled to ask for some basic information about what they are investigating, such as:

  • What alleged crime are they investigating?
  • Is there a warrant for your arrest?
  • What is your status in the investigation (witness, suspect, person of interest)?
  • What prompted the investigation and contact with you?

Getting clarity on these issues can help you and your lawyer understand how to respond appropriately. Be aware that detectives are not required to answer all these questions, but there is no harm in politely asking. Just avoid accidentally making any statements that could be incriminating.

Decide If You Will Voluntarily Speak with Detectives

After consulting counsel, you will need to decide whether or not to voluntarily cooperate by providing a statement or submitting to questioning. There are a few key factors to consider:

Potential Benefits of Cooperating

In some cases, counsel may decide that providing selected evidence or a carefully planned statement could help address an allegation. Your lawyer should weigh that possible benefit against the risk of supplying evidence the government does not already have. Cooperation does not guarantee that charges will be avoided or that you will receive leniency.

Risks of Cooperating

  • Any statement you provide, even explaining your innocence, may be used against you later.
  • Answering questions without knowing all the evidence detectives have could lead you to make inconsistent or confusing statements.
  • Investigators are trained to get information out of people, so an interview could lead you to accidentally divulge information you shouldn’t.
  • Statements you make may help establish probable cause for an arrest. Police need a lawful basis to arrest you; disbelief of your account alone does not automatically supply one.

Carefully weighing these risks and benefits with counsel will make the best decision for your unique situation. Many times it is in a person’s best interest to politely decline an interview and continue communications through their lawyer.

Follow Your Attorney’s Advice Related to Interviews, Records Requests and More

If you do decide to voluntarily cooperate with an investigation, your lawyer will advise you on the following:

  • Determine the format of any interview – Would an informal discussion with detectives be preferable? Or is a more formal deposition-style questioning needed?
  • Negotiate the scope of questioning – Work with counsel to establish guidelines on what topics investigators can ask you about. Off-limit subjects should be declared upfront.
  • Request records in advance – Ask to review relevant police reports, videos, forensic analyses, and other materials before interviews so you understand all existing evidence.
  • Understand any agreement before speaking: In some federal investigations, counsel may negotiate a written proffer agreement. Its protections depend on its terms. The agreement may let prosecutors pursue leads from your statements or use them for impeachment or rebuttal. Do not assume an interview is “off the record.”
  • Have counsel present – Never submit to formal questioning alone. Your lawyer should be present to ensure proper procedures are followed. They can also intervene to protect your rights.
  • Review any follow-up statement: Do not send investigators an affidavit, clarification, or written summary unless counsel has reviewed it and advised you to provide it. A written statement can also be used against you.

Cooperating strategically while relying on experienced legal guidance maximizes the benefits while reducing risks. Do not take any substantive actions without your lawyer’s approval. Their role is to protect you.

Understand Your Miranda Rights if Arrested

Police generally must give Miranda warnings before custodial interrogation. An arrest alone does not trigger the warning requirement, and custody can exist before a formal arrest. Statements made during a voluntary, noncustodial interview can be used against you even without warnings. The core rights are:

  • You have the right to remain silent. Anything you say can be used against you in court.
  • You have the right to an attorney during questioning. If you cannot afford one, a lawyer will be appointed to you at no cost.
  • You can invoke these rights anytime and stop answering questions or making statements.

Clearly state: “I am invoking my right to remain silent. I want a lawyer.” Then stop discussing the facts of the case. Do not assume that simply staying quiet invokes your rights, or that comments you volunteer are protected.

Do Not Try to Destroy Evidence or Obstruct the Investigation

Preserve documents, messages, electronic records, and other potential evidence. Under Florida law, tampering with evidence can include altering, destroying, concealing, or removing an item to impair its truthfulness or availability when you know a covered investigation or proceeding is pending or about to begin.

This could lead to additional criminal charges and make you appear guilty of the underlying alleged crimes. Any communications encouraging others who may have evidence to lie to detectives or impede their work could also constitute obstruction. Let your lawyer handle properly interacting with investigators – do not take matters into your own hands.

Start Preparing Your Legal Defense Proactively

Instead of panicking or resorting to obstruction, use the knowledge that an investigation is underway to start methodically building your legal defense. Creating a timeline of relevant events and identifying potential witnesses, alibis, financial records, communications, and other evidence that refutes allegations or shows lawful conduct can be invaluable.

Work closely with your attorney to pull together anything that may be relevant. Having this information organized can also aid in responding to any requests from law enforcement. Be sure to follow counsel’s advice regarding retention and production of documents – do not hand over anything without their review.

Thinking through explanatory scenarios and practicing potential responses to difficult questions with your lawyer will prepare you for possible interviews. While no one expects to become the target of a criminal probe, being ready to respond strategically at the first sign of trouble can help lead to the best possible outcome.

Seek Outside Support From Family and Professionals

Seek emotional support, but speak with your lawyer before sharing details of the alleged conduct with friends, relatives, or coworkers. Those conversations generally lack the protection of confidential attorney-client communications, and the people you speak with may become witnesses. A licensed mental health professional can help you manage stress; ask about confidentiality and its limits.

If the investigation affects your work or school schedule, discuss any needed disclosure with counsel first. Share only what is necessary to address the practical issue.

Don’t Lose Hope

Trying times like criminal investigations test our mettle. Yet, even if formal charges are filed, that does not mean you will be convicted, or your life is ruined. With an experienced criminal defense lawyer guiding you, many options exist to resolve allegations favorably – or at least mitigate penalties.

A detective’s request for an interview does not tell you how much evidence investigators have or whether charges are likely. Focus on what you can control: preserve relevant evidence, meet legal deadlines, and let counsel guide your response.

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