After police receive an initial report or discover an alleged crime, they’ll begin an investigation to determine if a crime occurred and identify the perpetrator. Here’s an overview of the criminal investigation process in California:
Law enforcement officers will begin collecting forensic evidence through various means and take statements from anyone they believe might have information about the crime. They could talk to your friends, family, employer, or ask to speak with you directly. Don’t make a statement to the police without calling a lawyer first; attempting to explain your side of the story could lead to inadvertent self-incrimination.
After collecting evidence, the police will assess their case and witness statements to see if it’s enough to establish probable cause for an arrest. Even if you are arrested, it doesn’t mean you’ll be charged. The prosecutor will review the case and decide whether to file charges based on the likelihood of securing a conviction.
Working with a criminal defense attorney greatly increases your chances of beating the allegations and even avoiding charges. Early intervention is key to challenging the case against you.
Being aware of your rights in a criminal investigation can help you protect yourself and your interests.
Exercising your rights is not an admission of guilt. In fact, asserting them effectively can make a huge difference in the outcome of your case. Work with a criminal defense attorney to ensure your rights are upheld.
The Sixth Amendment guarantees you the right to an attorney at all stages of the criminal process, including during questioning, investigations, and trials. Request an attorney right away — questioning must stop until one is present.
The Fifth Amendment protects you from self-incrimination. You have the right to remain silent even when questioned by police, but you must clearly invoke this right by saying so vocally. Anything you do say can be used against you in court, so it is advisable to remain silent and not answer any questions until you contact an attorney.
The Fourth Amendment protects you from having your possessions or person searched without a warrant or probable cause. You can refuse to consent to searches unless police have authorization.
If you believe you were searched illegally, tell your attorney. Evidence obtained as a result of a wrongful search shouldn’t be used against you, and a lawyer can argue to get such evidence excluded.
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Contacting a criminal defense attorney as soon as you learn you’re being investigated is crucial. Walsh Law can step in early and get to work right away advocating on your behalf to:
In many cases, getting ahead of the allegations could help us prevent charges from being filed so you can move forward with your life without the uncertainty of facing a trial.
If charges are filed against you, then you may be contacted by police with a warrant or receive a formal criminal complaint. You could receive the summons by mail or have it served by an officer.
Every case is different, and complex matters can take weeks or months to investigate. The length of an investigation is influenced by factors such as the type of crime, volume of evidence, cooperation of involved parties.
Police can detain you for a reasonable amount of time to investigate a crime, but they cannot hold you indefinitely without probable cause for arrest. If you are arrested, a prosecutor must file charges within 48 hours or release you.
The two terms may sound similar, but they have different meanings in the context of a criminal investigation. A suspect has evidence indicating their involvement, potentially leading to charges. A person of interest might have information about the crime but lack strong evidence for direct participation or guilt. The status of a person can evolve during the investigation as the case develops.
Navigating a criminal investigation requires strategic and knowledgeable legal representation. The experienced criminal defense attorneys of Walsh Law are ready to fight for you and guide you through every stage of the process.
Whether you find yourself labeled a suspect or a person of interest, our team is dedicated to providing a robust defense, ensuring your side of the story is heard, and safeguarding your interests. Every moment counts after you learn you’re being investigated. The sooner you reach out to us, the more effectively we can represent you.
Call 916-237-8270 today or contact us to schedule an initial consultation.