Arrest Or Criminal Summons
If the police believe they have enough evidence that you committed a crime, they may go before a magistrate or judge and ask for a warrant for your arrest. If you are accused of a felony, the police or agency may hand over the case to a local or federal prosecutor.
However, in North Carolina, instead of being arrested for a state-level offense, you may receive a criminal summons that requires you to appear in court. The police may go before a magistrate and present evidence that you committed an infraction or a crime. The magistrate can then sign a criminal summons, which requires you to appear in court and answer questions about the charges.
If you receive a criminal summons, call a lawyer immediately. If you ignore the summons and do not go to court, a warrant will be issued for your arrest.
You Do Not Have To Answer A Police Officers Questions
If a police officer or federal agent calls, you can politely decline to answer any questions over the phone.
If that officer or agent asks you to come into the station, politely inform them that you will speak with an attorney first. You can take down the officer or agents name, phone number, and email. Your attorney can then advise you on whether you should make an official statement or not.
If an officer or federal agent comes to your home, you can handle the situation in much the same way. Do not let them into your home unless they have a warrant signed by a judge or magistrate and all the information on that warrant is correct. Politely inform them that you will not answer any questions related to a criminal matter without your attorney present. Ask for the officer or agents card.
What To Do When You Are Under Investigation
If you know you are under investigation by the police, remember that police can and do lie during investigations and that cooperating will often not help you, but only hurt your case. Learn, memorize and always invoke your rights when dealing with the police. Never speak to the police without your lawyer present and never consent to a warrantless search of your property. Call a criminal defense attorney as soon as possible.
You can schedule a free initial consultation with Peter M. Liss today by calling 643-4050 to schedule a free initial consultation.
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Should You Contact A Lawyer Even If Unsure Whether You Are Under Investigation
There is never any drawback to getting the help of a lawyer if you believe you might be getting investigated but you are not sure. Having a lawyers assistance can never be used as evidence against you. It can never be assumed that you have committed a crime just because you have hired a lawyer.
Having a lawyer even if you are not actually being investigated can help you understand what to do if the police knock on your door, what to do if the police show up at your job and it can help you be prepared in the event that an investigation does begin. The thing that most frequently places people at a severe disadvantage are when the police begin investigation and a person is caught off guard by that.
If you have the assistance of an attorney before an investigation has even begun then you know exactly what to do in the event that an investigation results in the police officer stopping by your job or stopping by your home. Having that knowledge and having that security that you can immediately tell police officers, Here is my lawyers contact information. I am their client and they will make a statement you can contact him.
It means that you can be comfortable knowing that you have assistance in the earliest available opportunity and right when you need it and not when it is already too late and you have already incriminated yourself. That can be the case whether you are already being investigated or if you are not even sure whether you are being investigated.
What Will Happen If The Police Charge Me
The decision to charge any person with an offence is usually taken by the CPS. If the CPS decides there is sufficient evidence to charge you with an offence then you will be taken before a custody sergeant who will read out the alleged offence to you. You will be given a date to appear before a Magistrates Court at some time in the days and weeks following. Your fingerprints will be recorded and you will be photographed. If you are charged with an offence, this is simply a formal accusation. It does not mean you have been convicted of that offence. You are entitled to dispute the facts of the case by pleading ânot guiltyâ at Court and having a trial.
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What Should Someone Do After They Are Arrested For Dui/ovi In Ohio
Just like in a criminal case, people like to try to help themselves by trying to talk to the police. They will say, for example, I only had a couple or I didnt drink that many, but what happens then is that statement I only had a couple comes into trial is they admitted to drinking.
It gets subtly shifted and it ends up hurting them. The best thing to do, just like in a criminal case, is just not make any statements without talking to an attorney.
Pleading Guilty Is Not The Best Approach Because You Always Want To Take The Chance To Try To Get A Better Resolution. There Are Many Cases Where You Can Work Out A Reduced Charge, Or Some Lower Punishment.
One Common Resolution To A Case, If It Is A First DUI With No Prior Criminal History, An Attorney Can Have It Reduced To Reckless Operation Or Called A Physical Control Which Is Being In Physical Control Of The Vehicle Under The Influence But Not Actually Driving Which Is No Points On Your License. It Is Not A Moving Violation And It Does Not Affect Insurance The Same Way. It Has A Much Better Result Than A Straight OVI. So You Always Want To At Least Take A Chance To Pursue Those Opportunities.
What Happens To The Information Shared With The Investigator
Information gathered during the investigation may be included in a factual report, which may be distributed to persons involved in the investigation. Information gathered may also be included in the investigation report distributed to the deputy head of the organization affected and to persons affected by the investigation or the ordered corrective action.
Information provided in the context of the investigation is subject to the Access to Information Act and the Privacy Act. The Public Service Commission recognizes that being involved in an investigation can impact one’s personal and professional life. To learn more about the collection of personal information, please visit our web page What are my rights?
Any information related to an investigation could become a matter of public record if the Commission’s final decision is contested at the Federal Court.
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How Am I Told What Happens Next
If the investigation into your alleged criminal activity is discontinued, the police will call you and tell you the good news.
On the other hand, if the police intend to formally charge you, you will find out in one of two ways. Either, you will receive a phone call from the police, or you will receive a letter through the post.
If you receive a phone call from the police, you will be asked to attend the police station. Once at the police station, you will be formally charged and given a charge sheet. This will tell you the date and time you need to attend court. You need to keep this appointment, or a warrant could be issued for your arrest. However, please do not attend court without legal representation. Instead, contact our criminal defence solicitors as soon as you are charged.
If you get a letter through the post, then you have received a postal requisition. This letter is from the Crown Prosecution Service and is a summons, telling you where and when to attend court. Occasionally, you will receive a phone call first, telling you to expect a postal requisition. Ordinarily, however, a postal requisition arrives without any warning. We advise that you contact our criminal defence solicitors as soon as you receive this letter.
You Always Have The Right To An Attorney
Whether or not you are under investigation, you have the right to an attorney. You may worry that hiring a lawyer during a criminal investigation will make you look guilty. This is not true. It will make you look like you are aware of your rights and will take the necessary steps to uphold them. It will look like you are not going to let the police try to intimidate or manipulate you.
You have the right to an attorney at all times, including any time a detective, officer, or agent wants to question you. You can and should hire a lawyer before participating in a police investigation.
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Can The Police Keep My Personal Property During The Investigation
Yes, the police can keep your personal property, if it is relevant to the investigation. This might include electrical devices, such as phones, laptops and tablets. It might also include documents, clothing, vehicles and equipment. The police can send these items for forensic testing if they deem it necessary.
You might wonder exactly how long the police will keep your personal property. Again, there is no clear answer to this question. The police can keep your belongings for as long as they require them. This could be until they have finished investigating a particular item, or until the investigation has concluded and the case against you has been dropped.
Unfortunately, this can take a considerable amount of time, especially if forensic testing is carried out. Indeed, it can take around three months to analyse a mobile phone. This can be very disruptive, particularly if the police have seized an item that you normally require for work.
If you are keen to have your property returned, we can request that the process is expedited. We can also regularly ask for updates, as the police may no longer need a certain item but may have failed to inform you.
Detention For Criminal Investigation
One way you might find out that you are being investigated for a criminal offence is if you have been arrested or detained. Everyone knows what it means to be arrested. A detention, however, is less commonly known. Essentially, if you have been stopped by the police and are not free to leave, you are being detained.
When you are detained or arrested, your right to retain and instruct counsel is triggered. Some exceptions arise when the cops are unable to provide you your rights because of urgent circumstances that pose a danger to public safety. Your right to counsel is also suspended during traffic stops, when you are briefly detained for traffic purposes and/or for impaired driving investigation . In most cases however, once you are detained or arrested, the police have to tell you the reasons for detaining or arresting you, and that you have the right to speak to a lawyer.
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How Long Does The Investigation Usually Take
Investigations are conducted as informally and quickly as possible and in respect of procedural fairness and privacy requirements. While each investigation is unique, the Public Service Commission strives to complete its cases at the investigation phase within 175 calendar days. Several variables can influence the length of the investigation. These include:
- whether there is an admission at the onset of the investigation
- volume of investigations at a given time
- complexity of the investigation
- availability of resources
- number of persons involved in the investigation and their availability
The investigation phase starts the day the decision to investigate is made, and it ends once the Commission renders a decision on the conclusion of the investigation report and proposed correction action.
Have You Committed A Crime Signs You May Be Under Investigation
You will likely be investigated if youve done something that may be considered a crime. Be on the alert because the police might be wiretapping you or observing your actions.
If you associate with people who have been arrested, its possible that you may be, too. This is why you should be updated about whats happening in your circle.
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Are Police Allowed To Lie To You And Vice Versa
On a state matter, police are permitted to lie to get information from you. One of the oldest tricks in the book is they arrest your friend and tell you they just confessed and said you did it, to which you may reply that you didnt do it, that you just drove the car, and right there, they have what they need.
However, while police can lie, you cant because, even if youre not criminally prosecuted for the crime, they can prosecute you for lying. For example, in a federal investigation, they never have anything to convict Olympic sprinter Marion Jones with, when it came to her use of illegal performance-enhancing drugs, but they were able to prove she lied about using them, and she went to federal prison for five years for nothing more than lying to police.
A second way lying to police can hurt is because everything you say can and will be used against you in a court of law. You dont have to speak at the trial, but if you assert the right not to speak, the only thing the jury may hear is that you lied, which means theyll have a credibility issue to believe the police, who are just doing their job, or you, who is the person who is on record lying on police reports and video surveillance?
Do You Lose Anything By Speaking To An Attorney
There is nothing to lose by speaking to an attorney. The only cost might be an initial consultation fee but most attorneys will waive the initial consultation fee to speak with you a little bit about your case.
Additionally, the initial time that you talk with an attorney in order to consult them, is a privileged conversation. By talking to this attorney, even if you do not decide to hire them, the attorney cannot go out and tell the prosecuting attorney or another person what you talked about in the confidence of that meeting.
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What Do I Do If There Is A Warrant Out For My Arrest Should I Turn Myself In
If there is an active warrant for your arrest, do not ignore it. You should call us immediately to determine what is best for you to do under the circumstances. Sometimes we advise our clients to turn themselves in, and we go to court together with them. In these types of situations our criminal lawyers are frequently able to have a PR Bond set, and sometimes we can get the entire jail book-in process waived. We cannot do this for every case, but we will need to discuss the options with you. It is better to address an outstanding warrant than ignoring it. You do not want to have the police bust down your door at night or come to arrest you at work.
What Does Released Under Investigation Mean
If you have been released under investigation by the police, it essentially means the investigation is ongoing. You will be notified at some point of the outcome of the investigation.
The police now regularly release individuals suspected of committing a criminal offence under investigation this does not mean they are on police bail. If you are released on bail, the police must provide a specified date and time to return to the police station. This was known as being bailed to return.
In this instance, the investigation would be progressing. You could expect that a decision would be made by the time you were required to return to the police station.
Those suspected of committing a criminal offence often found themselves on bail for many months and sometimes years. They were repeatedly given bail to return dates with no real evidence that progress in the investigation had been made.
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Signs You Are Under Investigation Even If Police Havent Arrested You
May 4, 2020 Written by Jill Harness and Edited by Peter Liss
In televisions and movies, the suspect almost always knows the police are investigating them and act accordingly. But in real life, things are rarely so obvious and in many cases, the police informally question the suspect in order to get him or her to talk without making them realize they should have a criminal defense lawyer. In fact, you may not know that you are under investigation for weeks or even months before you are ever actually arrested and while its critical you work with an attorney after you have been arrested, working with one while you are under investigation can greatly help your case. Here are some signs to look for to help you know you are under investigation by the police.
Signs That You Are Under Criminal Investigation
The first, most obvious sign is if police start asking you questions and invite you to come to the station for additional questioning. You do not have to answer their questions. Additionally, you do not have to let police search your home or vehicle if they do not have a search warrant. Do not make their jobs easier on them.
Another sign may be if you find out from a family member, friend or business associate that police were asking about you. People may also testify before a grand jury. This is a sign that prosecutors are intending to charge you with a crime.
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