Top Mistakes to Avoid During a Criminal Investigation

Being contacted by the police can be a terrifying experience. Whether you believe you are simply a witness to a crime or potentially involved, how you handle yourself during the investigative process can have serious implications.

Understanding your rights and making no mistakes whatsoever is crucial in order to avoid unintentionally harming your case. At Mcaleer Law, attorneys provide protection and advocacy for residents of Washington who are under investigation for crimes.

  1. Talking to Police Without an Attorney

One of the biggest mistakes people make is agreeing to talk to the police without an attorney. Officers may be very nice and suggest that talking to them will resolve the issues quickly, but remember that anything you say to the police can be used against you in a court of law.

Do you know your rights? Under the United States Constitution, citizens are allowed to remain silent and have the right to an attorney. Telling a police officer that “you would like to speak to a lawyer” isn’t an admission of fault. Rather, it shows smart thinking about your legal rights. What would you do if a police officer came to your door with some questions for you? Would you tell him your side of the story, or remain quiet and make phone calls for a defense attorney? Let us know in the comments!

  1. Believing You Can Explain Your Way Out

A common misconception is that if one simply explains the situation, all will be well. However, this is far from the case, and even the most innocuous statements can be misconstrued.

Investigators are trained to gather evidence, not necessarily to prove your innocence. Providing details without legal guidance may unintentionally strengthen the prosecution’s case.

  1. Consenting to Searches Without Understanding Your Rights

Police may ask for your permission to search your home, car or phone but you do not have to agree. Even if you have nothing to hide, you have the right to decline their request. Policing the community is a necessary part of maintaining peace and stability, but many of its daily activities violate fundamental rights as defined by the Universal Declaration of Human Rights (UDHR) and other International Conventions.

Police officers may show a warrant and ask you to come quietly. You should cooperate and be quiet, but be aware of the extent of the search. Officers may also ask for your permission to search your premises. You are under no obligation to agree and can refuse and request an attorney.

  1. Discussing the Case With Friends or on Social Media

Whatever you say—whether on the record or off—the courts are starting to treat more verbal communication as proof of something, and less as private communication. Some words in this world have made it easier for cops to nail and prosecutors to prosecute people, and, indeed, many cases now pivot entirely upon digital records such as a text message, an email or, even, the fact that an otherwise otherwise perfectly lawful Facebook entry in a certain time frame “looks like” a boast.

Avoid:

  • Posting about the investigation
  • Venting online
  • Discussing details over phone calls or messages
  • Sharing information with acquaintances

You are urged to refrain from making any statements to anyone, other than to your attorney.

  1. Ignoring or Avoiding Law Enforcement

Try not to avoid or hide contact. While you have the right to remain silent, it is a bad idea to ignore official notices or subpoenas from law enforcement, or court orders such as bench warrants.

An experienced criminal defense attorney can communicate with investigators on your behalf and ensure your rights are protected.

  1. Waiting Too Long to Hire a Defense Attorney

Early legal intervention in the handling of any case can usually ensure a more favorable course. A defense attorney may be able to protect evidence from improper seizure, prohibit illegally and irrelevantly obtained testimony, persuade prosecutors to drop unwarranted or unnecessary counts, and prepare successful resistance to demands for statements from defendants and for access to their property or residences.

  • Prevent formal charges from being filed
  • Clarify misunderstandings early
  • Protect you during questioning
  • Preserve key evidence
  • Advise you on next steps

The earlier we become involved, the better. Your future is at risk.

  1. Destroying or Altering Evidence

Even if done out of panic, deleting messages, discarding items, or altering records can lead to serious additional charges, including obstruction of justice.

You are under investigation? KEEP ALL DOCUMENTS AND CONSULT WITH A LAWYER AT ONCE!

Know Your Rights in Washington State

Criminal investigations can develop quickly. Whether the charges are theft, assault, DUI, drug crimes or white-collar crimes, your constitutional rights remain the same:

  • The right to remain silent
  • The right to an attorney
  • Protection against unlawful searches and seizures
  • The right to due process

Exercising these rights is not suspicious — it is responsible.

IF YOU BELIEVE YOU ARE UNDER INVESTIGATION IN WASHINGTON STATE, DO NOT WAIT FOR A CHARGE TO BE FILED BEFORE CONSULTING WITH AN ATTORNEY. THE CHOICES YOU MAKE AT THE OUTSET OF AN INVESTIGATION WILL HAVE FAR REACHING CONSEQUENCES AND POTENTIAL IMPACT ON THE OVERALL OUTCOME OF YOUR CASE.

Mcaleer Law offers knowledgeable, discreet representation to individuals who are under investigation by law enforcement and charged with crimes. Our objective is to preserve the individual’s legal rights, maintain dignity and protect reputation while striving to achieve the most favorable result.

Contact Mcaleer Law today for a confidential consultation.