It can be incredibly stressful to be under criminal investigation. Your mind could swirl with concerns about your future, which may include criminal charges and conviction, as well as the ripple effects that you may experience. The penalties associated with a criminal conviction can be severe, too, including jail or prison time, fines, employment woes and damage to your reputation. But getting lost in speculation about what could happen to you can cloud your judgment during the investigatory process. That’s why it’s best to slow down, think through what your actions could mean for your future and figure out the best way to protect your interests throughout the criminal investigation at hand.
Of course, that can be hard to figure out, especially if you’re unfamiliar with the investigatory and legal processes. That’s why in this post we want to look at what you can do to shield yourself as much as possible from allegations of criminal wrongdoing while an investigation is ongoing.
If you suspect that you’re under investigation for an alleged criminal act, then you need to be proactive in protecting your interests. Here are some tips for doing so:
- Don’t talk about your case: With the stress of the investigation weighing on you, it may be tempting to talk about it with those who are close to you. But this can be a disastrous mistake. More likely than not, these conversations won’t be protected, meaning that prosecutors will be free to subpoena those you’ve spoken to in order to have them testify against you. If you feel like you need to talk about your case, then do so with your attorney. Those conversations are protected.
- Don’t consent to a search: A lot of people who are under investigation consent to a search of their home, car or place of business, primarily out of a fear that saying no to a consent will make them look guilty. But your refusal to consent to a search can’t be used to incriminate you. In far too many cases, consenting to a search leads to the seizure of incriminating evidence that results in a conviction. So, don’t consent to a search. Force the police to present the evidence required to secure a warrant. You never know, they may not even have proper grounds to secure that warrant.
- Know your rights: In addition to your right to be free from unreasonable searches and seizures, you should know your Miranda rights, including the right to remain silent and the right to have an attorney present during custodial interrogation. This way if the police try to violate your rights, you can inform them and seek corrective action, even if that comes in the form of a motion to suppress evidence.
- Stay away from social media: Social media might seem like a great place to unleash your frustrations, but in the criminal investigation context, these posts can prove risky. Law enforcement might pull your posts so that prosecutors can use them against you at trial, and they may paint an unsavory picture of you for the jury. It’s therefore best to stay away from social media.
We know there’s a lot to think about when you’re under investigation, but you can’t let your fear get the best of you in this situation. Instead, you need to be purposeful with your actions, keeping in mind how they could affect your ability to defend against any criminal charges that may be filed in the future.
