Have you become a target of a police investigation in Columbus, Ohio? If so, you’re probably feeling stressed and unsure about the future. However, speaking with an attorney can help you understand what to expect, allowing you to protect your interests and explore your legal options.
Don’t wait another moment to get the help you need at this critical juncture. Contact McNamee Defense for an initial case evaluation, and a Columbus criminal defense lawyer will answer your questions in detail.
What Happens During a Police Investigation?
Police are generally required to follow a specific process as they investigate potential criminal violations. This process involves the following steps:
- Initial complaint or report : The police may initiate an investigation when they receive a complaint from a victim or a report of criminal activity from a witness or informant.
- Collection of evidence : When an offense involves a crime scene, officers may collect physical evidence. The police may also obtain documents or surveillance footage from third parties.
- Interviews and interrogations : Police may speak with witnesses who have relevant information. Officers may also choose to ask persons of interest or suspects to submit to questioning.
- Searches : Law enforcement may obtain search warrants, electronic data warrants, and wiretap authorizations to search suspects’ homes, businesses, or vehicles, or to intercept their phone calls, text messages, emails, or social media posts.
An investigation may culminate in the arrest of a suspect and the filing of criminal charges. However, police may choose not to arrest a suspect if they do not uncover sufficient evidence to justify prosecution or if their suspect establishes their innocence.
Your Rights During a Police Investigation
Under the state and federal constitutions, you have various rights and legal protections as a suspect in a criminal investigation. These rights include:
- The right to remain silent : You have the right to remain silent and to refuse to speak to the police or answer questions, except to provide basic identification (e.g., name and date of birth) when placed under arrest.
- The right to legal counsel : You have the right to contact an attorney at any point during a criminal investigation, including when the police place you under arrest. When you invoke your right to counsel while under arrest, the police should allow you to speak to an attorney as soon as practicable.
- The privilege against unlawful searches and seizures : You have the right to refuse to consent to a search of your home, vehicle, place of business, storage containers, or bags. The police may not search your property unless officers have a search warrant issued by a judge. Furthermore, officers must limit their search to the scope authorized by the warrant. However, police can conduct a pat-down search for weapons at the time they detain a suspect. They may also search vehicles during traffic stops if they have probable cause to believe the vehicle contains contraband or evidence of a crime.
- The right to know the reason(s) for an arrest: Should the police arrest you, you have the right to know what crime(s) the officers believe you have committed. Furthermore, once prosecutors file charges against you, you have the right to formal notice of those charges, usually at an initial court appearance or an arraignment.
Common Mistakes People Make While Under Investigation
People frequently make mistakes while under police investigation that jeopardize their rights or legal options, either due to panic or a misapprehension that they can talk their way out of criminal charges. Some of the most common errors that persons of interest or suspects make during criminal investigations include:
- Agreeing to sit for police questioning or to provide a recorded statement without first consulting an attorney
- Consenting to searches of one’s home, vehicle, or bags
- Discussing the investigation with family members or friends, or posting about it on social media
- Attempting to hide or destroy items or documents potentially relevant to the investigation
- Letting the police into one’s home without a warrant
- Agreeing to meet with law enforcement at the police station
- Talking to potential witnesses or alleged victims, or trying to convince them to change their statements to the police
- Not contacting a criminal defense lawyer as soon as possible after learning about a police investigation
Frequently Asked Questions About Police Investigations
Below are the answers to some of our most commonly asked questions about police investigations.
Some of the signs or red flags that indicate you may have become a person of interest or suspect in a criminal investigation include:
- Investigators question your family members, friends, co-workers, or neighbors
- The police arrest people close to you, such as family, friends, and business associates
- You receive a notice from your internet service provider advising you that they have released information about your internet activity to law enforcement
- Your financial institutions suddenly freeze your accounts without explanation
- Your family or household receives visits from child protective services
- You notice unfamiliar vehicles regularly parked near your home or workplace
- You notice the same vehicles following you when you drive around
- You receive a grand jury subpoena
Prosecutors might also send you or your attorney a target letter, which formally advises you that you have become a suspect in a criminal investigation and offers you a chance to cooperate with investigators before prosecutors file criminal charges.
In the event that you notice people potentially conducting surveillance on you, your home, or your business, you should not confront those individuals. Instead, you should document their activity and contact a criminal defense lawyer.
You should always decline to speak with police investigators until you’ve consulted a criminal defense attorney—even if you’re certain you have not committed a crime. By talking with police, you might inadvertently make a statement that investigators could construe as an incriminating admission or confession, potentially leading to criminal charges.
Remember that prosecutors can use anything you say to law enforcement investigators as evidence in a criminal trial. A criminal defense lawyer can help you evaluate whether to speak with the police and can sit with you if you decide to answer questions to help protect your rights during questioning.
Stay calm if police arrive at your home. Do not open your door if possible. Instead, talk to the officers through a doorbell camera, open window, or closed screen door in front of your door. Do not let the police into your home unless they have a warrant. Finally, you should exercise your right to remain silent, tell the officers you do not wish to speak, and politely end the conversation. You should also contact a criminal defense attorney as soon as possible.
Contact Our Firm Today for Advocacy and Support While Under Investigation
Do you suspect or have you recently learned that you have become a target of a police criminal investigation? If so, you’re likely worried about your rights and reputation. You deserve strong legal support to help you face the investigation and protect your future. Contact McNamee Defense today for a confidential consultation at our offices in Columbus or Bellefontaine to learn more about your next steps.
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