If you are not well-versed in the criminal justice system, it may be difficult to decipher if they are "under investigation." To understand this, one must understand the purpose of the investigation. Generally, there are 2 broad types of investigations: 1) pre-file investigation, and 2) post-file investigation.
This may sound simple, but the prosecutor cannot just file a case against anyone. Generally, the prosecutor will need some evidence that a crime has been committed before a case can be initiated. That is why law enforcement will conduct pre-file investigations; to secure the necessary evidence to start a case. Therefore, it is extremely important for anyone under investigation to exercise their constitutional rights properly, and avoid providing incriminating evidence to the prosecution. If you are contacted by law enforcement, be sure to speak with an attorney from Orange County Criminal Attorneys. We can help guide you to properly exercise your constitutional rights and hopefully avoid charges being filed.
In the unfortunate scenario where charges are filed, the prosecutor will often need to conduct post-file investigations. This is because the prosecution must prove their case "beyond a reasonable doubt" at trial. This standard is the highest standard in all of American jurisprudence. As such, the prosecution will often need to supplement its pre-existing evidence with additional evidence uncovered via its investigation. During this period, the defense has limited ability to stop the prosecution's investigation. However, the defense can engage in its own investigations. conducting independent investigation is often critical in uncovering favorable evidence that are otherwise ignored by the prosecution.
The bottom line is this: if you are contacted by law enforcement, you may be unknowingly under investigation. It is important for you to speak to one of our attorneys to determine if you need guidance to avoid incriminating yourself. Our Orange County Criminal Attorney is very well-versed in criminal procedures, investigations, and legal protections for defendants. Call us and let us help you.