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Gina Tennen
Executive Managing Attorney.
Focus: Serious Sex Crimes and Drug Crimes, Fraud, Organized Crime, and White Collar Cases.
State and Federal

E. Thomas Dunn, Jr.
Certified Criminal Law Specialist and Appellate Specialist, Of Counsel

Louis Pilato
Senior Attorney, Of Counsel.
Focus: Sex Crimes, Drug Crimes, DUI's and all criminal cases

Featured Attorney

Attorney Carrie Jourdan was featured on 60 Minutes for her landmark case that resulted in the first ever overturn of a Death Penalty in Mississippi on the basis of DNA evidence.

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I am Under Investigation

The most crucial time in a case, from a criminal defense standpoint, is when all suspects and evidence are being investigated. This is the stage of investigation where law enforcement is looking for evidence to build a criminal case against a suspect.

What to Do and Not to Do, If You are Under Investigation

Typically, once the government has their eyes on a particular suspect, they are relentless in their pursuit to build a case for the prosecution. The unsuspecting person is unaware that the primary goal of law enforcement is not to show innocence or uncover "truth." Rather, it is to show guilt- and to do so they will color information and use any and all legal means to accomplish this goal.

If you are under investigation, know that you are under absolutely no obligation to talk to detectives or police officers. Anything you say, while being investigated, can be used against you. In the worst case scenario, you declare your innocence and they write down your statement incorrectly. Never discuss anything about the investigation or the allegations with anyone, except a criminal attorney.

How do I know if I am under investigation?

Sometimes, you don't. The government may conduct a covert investigation, using tactics such as surveillance, wire taps or informants. Evidence gathered from this type of investigation is difficult to combat in terms of preventing charges from being filed. This evidence still has to be acquired legally, however. If it is not, it should be suppressed prior to trial. An aggressive, experienced criminal attorney makes all the difference in terms of getting damaging evidence suppressed.

If law enforcement does contact you, then obviously you are under investigation. Law enforcement officers may want to have an informal chat with you, making it very clear you are not under arrest. They do this in order to avoid having to inform you of your Miranda Rights, which are only required when you have been arrested.

There is no way to sugar-coat this. If you are the subject of an allegation or you are being investigated, never talk to law enforcement without a criminal defense attorney present!

When you voluntarily go somewhere to speak to an investigator and you are free to leave if you wish, you are not "under arrest" or "in custody." Unless that changes in the course of the interview, anything you say can and will be used against you.

The Investigator's Goal is Build a Case Against You

Investigators are skilled and experienced at cornering you in order to illicit incriminating remarks or an outright confession. They may encourage you to take a lie detector test, or a voice stress test. They are allowed to mislead you, give you inaccurate information and tell you outright lies.

You, as the subject of an investigation, are apt to make poor judgment calls and poor word choices under these very stressful circumstances. You are likely to give the investigator exactly what he or she wants without even realizing it and even though it is not in your best interest.

The answer is simple. If you are contacted by law enforcement, before you do anything, speak to an experienced criminal attorney. More often than not, you need a defense attorney to act on your behalf to shield you from the tactics used by the government in their relentless and often unconscionable pursuit of criminal convictions.

Contact Our Criminal Lawyers

Call 855-LAW-PRO1 now for a free consultation with our top-rated criminal lawyers. Don't wait, call now!