Before criminal charges are filed against an individual, law enforcement must begin an investigation. Here, evidence is gathered to determine whether a crime has been committed and, if so, who is likely to have committed the crime.
Understanding how criminal investigations function and what an accused’s rights are is a key advantage of having representation during the pre-arrest phase of a case. How a person responds to a request to be interviewed by police can determine whether and how they will be charged with a serious crime.
What Does It Mean to Be Investigated by Law Enforcement?
Law Enforcement does not typically witness a crime being committed. Rather, they will become aware of a possible crime having occurred. From there, an investigation begins to determine the nature of the crime and what evidence exists to provide more information about what happened. Much of the time, that evidence will point to an individual as a likely suspect.
Any potential witness to the alleged crime will be contacted for an interview. Video surveillance footage or photographs may be available for review. Suspects may be brought into a police station for questioning or lined up for identification by a witness.
A police officer does not need a warrant to ask you to speak with them about a possible crime. An individual under investigation for a crime does not need to comply with law enforcement requests to participate in an interview. To arrest a person, law enforcement must have probable cause sufficient to obtain an arrest warrant.
The Rights of an Individual During a Pre-Arrest Investigation
During the pre-arrest investigation phase of a criminal case, an individual must advocate effectively for their rights. Among those constitutional rights, under both the Ohio and Federal Constitutions, are the rights to an attorney and to remain silent when questioned by law enforcement.
When speaking to law enforcement, a person’s words can and will be used against them in a criminal case. Those words may be the evidence needed to prompt law enforcement to pursue formal charges against that person. Simply put, when attempting to speak with an individual, law enforcement may be politely rebuffed at the discretion of the person being questioned.
An attorney who focuses on the rights of an individual being investigated by law enforcement can benefit greatly from invoking their right to counsel. This means not only refusing to speak to law enforcement without an attorney present once charges have been brought, but also refusing to speak to police during the initial investigation phase. Having an experienced criminal defense attorney to contact in this situation protects an individual’s rights and improves their ability to preserve their freedoms both now and in the future.
Contact The Robert Jones Defense Firm for a Case Review
Speak with the Robert Jones Defense Firm today for a case review. Your rights must be defended to maintain your freedom. We fight for individuals during the pre-arrest phase of a law enforcement investigation.