If you suspect you are under investigation for a crime, the feeling can be overwhelming to say the least. What do the police know about me? What do they think I did?
You might think you should go to the police and “clear up” any confusion.
That is often a mistake. Investigations involve procedures, evidence collection, and officers who are trained to gather information — sometimes in ways that encourage people to speak against their own interests.
Your words can be twisted and used against you if you’re not careful.
To be clear, meeting with law enforcement can be a great idea. However, it’s critically important to have an attorney present in order to protect your rights.
How do I know if I’m under investigation?
Of course, police rarely tell someone that they’re under investigation. Instead, there are common signs that might suggest you are under investigation.
- Contact from law enforcement – You may receive calls, messages, or visits from detectives or local police officers.
- Questions asked of family or friends – Sometimes, police reach out to people close to you before contacting you directly.
- Strange occurrence – You might notice unmarked cars driving past your home, unusual surveillance, or sudden inquiries about your background.
In many cases, police do not announce that you are a target. You may only realize it when the questions become direct or when you receive a formal notification.
Deciding whether to speak to the police
There are a few things you should keep in mind before going to the police.
- Above all, avoid self-incrimination – Anything you say can be used against you. Even seemingly harmless comments might raise suspicions or create contradictions in your timeline. Police may interpret statements in ways you didn’t intend.
- Don’t expect the police to reward good faith – You may feel you can talk your way out of the situation by being honest. However, police officers are trained to detect inconsistencies and gather statements that could later serve as evidence of guilt.
- The role of Miranda rights in California – In California, officers must advise you of your Miranda rights once you are in custody and subject to interrogation. But this does not always happen before they ask casual questions or speak to you in an informal setting. You may volunteer information long before you are formally detained.
What you should do before going to the police
Ready to talk to the police? Here are basic steps you should take before contacting them.
- Consult with an attorney – An attorney can assess the circumstances and guide you on what to say — or not say. This preparation is crucial because an unguarded statement might create more problems than it solves.
- Gather your own information – If you suspect an investigation, collect any documents or evidence that might clarify your situation. Show these materials to your lawyer first. They can decide how to present them and under what conditions, if at all.
- Plan your approach – If you decide to speak with police, do it only after you have legal advice. Sometimes, your lawyer can arrange a controlled meeting where they are present to protect your rights.
Why it’s important to bring an attorney
- Protecting your rights – An attorney understands California’s criminal statutes and how prosecutors build cases. They can spot when a question is designed to trap you.
- Limiting confusion – Police interviews can be fast-paced and stressful. An attorney can help you remain clear and consistent, making sure you do not unintentionally provide incorrect details.
- Negotiating on your behalf – In some situations, a lawyer can contact law enforcement or the prosecutor’s office to learn the scope of the investigation. They might secure more favorable terms if you do choose to speak.
What if you already spoke to the police?
If you have already given statements, do not assume you’ve undermined your case.
Speak with an attorney immediately. They can determine whether those statements were properly obtained.
If the police did not advise you of your rights at the correct time, or if you were coerced, an attorney might be able to challenge the admissibility of that evidence.
Contact Robert M. Helfend for help
If you suspect you are under investigation in California, do not handle it alone. Call Robert M. Helfend at 805-273-5611. We can walk you through your options and protect your rights every step of the way.