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What Should You Expect With a Law Enforcement Investigation?
When a new client comes into our offices at Valiente Law, they are often scared and confused about what is going to happen to them. No matter what you have been or could be charged with, going through a criminal investigation is stressful and can mean a lot of uncertainty. However, as experienced criminal defense attorneys, we are able to defend our clients during every step of an investigation.
First, it’s important to understand the difference between being arrested for a crime and being the subject of a criminal investigation. If you are under a criminal investigation, you likely have not been charged with a crime. On the other hand, if you have been arrested for a crime, this does not necessarily mean that there will be no more investigatory processes.
A person can legally only be arrested when there is probable cause to believe they have committed a crime. When no probable cause exists, but there is general suspicion that a person is involved in a crime, law enforcement typically place them under investigation. This can take many forms: a member of law enforcement can ask you to come in for questioning, they can show up at your place of work to ask your coworkers questions, and they can even ask your family members questions. Or you may never find out.
What Retaining Counsel Does—and Does Not—Change
A defense attorney can advise you, communicate with investigators, and help protect your rights. Hiring a lawyer alone does not create a universal prohibition on police contacting you. During custodial interrogation, clearly invoking the Miranda right to counsel generally requires questioning to stop under the applicable rules. The Sixth Amendment right attaches after formal proceedings begin and is offense-specific; waiver rules also matter.
In Montejo v. Louisiana, 556 U.S. 778 (2009), the Supreme Court rejected an automatic bar on police-initiated questioning based solely on appointment or assertion of counsel at a court proceeding. Lawyers’ ethical restrictions on communication with represented people are a separate subject and do not make every investigative approach unlawful.
You may clearly state that you wish to remain silent and want to consult counsel. Do not lie, destroy evidence, or physically resist. Whether you must provide identification, comply with a subpoena, or respond to other legal process requires separate advice.
Further, a good criminal defense attorney knows that there are often opportunities to put an end to an investigation or to reach a non-criminal outcome. Defense counsel can raise lawful objections, preserve evidence, and address legal process. It takes an experienced and competent criminal defense attorney to recognize when both of these options are on the table, and to be able to advise their client which option is in their best interest.
Investigations can also take a long time, and a good attorney can help you form a realistic set of expectations for how long yours might last. Obviously, there is always a potential that an investigation results in your arrest, but when you have a criminal defense attorney counsel may be able to obtain information or arrange a voluntary surrender when appropriate. Advance notice, a particular bond, or avoidance of arrest cannot be guaranteed.
No matter what you are under investigation for, the attorneys at Valiente Law can help. Our experienced Miami criminal defense attorneys have protected and defended clients during numerous law enforcement investigations. If you are under investigation, contact us today.
Posted in: Criminal