If you are under investigation for a crime, but law enforcement have not pursued charges, you may ask yourself, do I need a criminal defense attorney? The short answer to this question is "yes." If you are under investigation, a criminal defense lawyer can help you avoid criminal charges and – if you are charged – defend your rights in court.
Even when you have not been charged with a criminal offense, it is recommended you hire an experienced defense attorney right away. By hiring an attorney prior to being arrested, it may be possible to avoid criminal charges - and the criminal record that goes along with a conviction. When police are investigating you, it is for a reason.
Yes, if you’re under investigation, you need a lawyer even if you haven’t been charged with anything yet. Why? To avoid being charged at all. First, let’s get one thing straight—for police, “under investigation” usually means “building a case.”
Yes, there are several advantages to hiring a criminal defense lawyer while the police are conducting their investigation. Some advantages include: An attorney may help you avoid being formally charged and arrested. Your lawyer can use his resources to try to obtain information about the status of the investigation and other relevant information.
Police Investigations: The Crime Scene. As soon as the police receive a call that a crime has been committed or is in progress, they send officers to the scene. The officers may be able to catch the criminal right on the scene. The officers will then arrest this person and take them to the police station or the county jail for booking.
In that case, the police take the criminal away and focus on building a case against them that stands up in court. But what about crimes where the criminal is long gone.
However, even if the police caught the perpetrator red-handed, they will still collect evidence at the scene of the crime to support a criminal sentence. This evidence collection will include interviewing all of the potential witnesses at the scene. A site investigation will also be conducted, which may include taking pictures, measurements, ...
A key component of any criminal investigation is the observations of the police officers. Police officers are trained to observe and notice details. They will note the position of weapons, blood stains, clothing, weather and any other detail that might explain the crime or the criminal behavior.
This may include taking photographs, measurements, fingerprints, blood samples, and taking any objects that may be related to the crime. Each bit of evidence must then be properly recorded and documented. Physical items will be collected using gloves to preserve fingerprints and to limit contamination. If the crime warrants it, forensic evidence, like fingerprints, blood, or saliva found at the scene will be gathered and sent to labs for analysis.
When the police officers conduct interviews, they're looking to establish the facts of the case, trying to figure out what happened and who might be responsible. Often, they'll interview witnesses separately so that they can have each person's individual recollection of the events.
Police officers and detectives are skilled interrogators. They have studied human behavior and body language. Interrogation is a science. Detectives know how to gain a suspect's trust and how to manipulate them into a confession.
If the police investigation leads to criminal charges, you are entitled to certain rights, including:
For more information or to schedule a complimentary consultation with Los Angeles criminal defense attorney Simon Aval, please call us at (800) 209-9808 or complete our online form. Mr. Aval is a Certified Specialist in criminal law by the state bar of California.
A police detective is assigned to follow up in most felony cases and more serious misdemeanor cases. They do this to gather additional evidence overlooked by the less experienced patrol officers. The detective can order tests from forensic labs, take more pictures, canvas for more witnesses helpful to the government, get DNA samples, order background checks on parties, and prepare the case for the district attorney/prosecutor to review. Once the DA approves of the case or asks for more investigation, the detective will prepare an affidavit for an arrest warrant and ask a judge to issue a warrant for the arrest of the accused if he/she is not already in custody. After an arrest, the detective will assist the prosecutor handling the case.
The detective can order tests from forensic labs, take more pictures, canvas for more witnesses helpful to the government, get DNA samples, order background checks on parties, and prepare the case for the district attorney/prosecutor to review.
Colorado police detectives investigate crimes in five basic steps. From the beginning of a criminal case to the point where an arrest occurs or an arrest warrant is issued, it is normally the same. Here is a list of the steps, and then we can discuss each one separately.
Pay closer attention to your surroundings. You may notice people following you. Have your telephone box checked. Consider using counter-surveillance devices—these can detect spying equipment.
Generally, you will not be told that you are under investigation unless they want to talk to you and ask specific questions. When they do call you, they have probably already gathered data, and they only want to confirm their conclusions.
You may receive a subpoena or a target letter. This is evidence that you’re under criminal investigation.
In summary, you’ll know if you are being investigated for a crime if you pay more attention to what’s happening around you and if you ask help from those who have access to records.