What To Do If You Are Being Investigated
If you believe you are being investigated for a crime – you should call an attorney immediately. You should not talk to the police without first consulting an attorney. Sometimes an attorney can help gather evidence that helps persuade an investigating officer or District Attorney evaluating a case that there is no case worth pursuing.
Most cases are investigated by a police officer or sheriff deputy who then sends their report to the DAs’ office for review. Some DAs are assigned to do nothing but review police reports and make filing decisions. The DA can add or delete charges suggested by the arresting/investigating officer – or decide not to file any charges.
On many occasions I have had success contacting the DA before a case is filed and persuading the DA not to file the case or to file less serious charges.
If you are contacted by an investigator – always be polite. How you act can be very important – both because of the impression you make on the investigator and with how a DA, judge or jury relates to you later. But while being polite — be firm and do not answer any questions. Explain that you will gladly speak with the investigator after talking with an attorney. Too many people are wrongfully convicted after trying to help themselves by talking to the “nice policeman.” “Just say no.”