What If I Am Asked To Meet With Officers For A Counter
You have the right to say that you do not want to be interviewed, to have an attorney present, to set the time and place for the interview, to find out the questions they will ask beforehand, and to answer only the questions you feel comfortable answering. If you are taken into custody for any reason, you have the right to remain silent. No matter what, assume that nothing you say is off the record. And remember that it is a criminal offense to knowingly lie to an officer.
Common Problems With With Sba Small Business Program And Government Investigations To Watch Out For
Since small businesses are common targets for federal investigators. Yet, many executives and companies still find themselves in hot water. This makes it very difficult to secure a strong point of negotiation later in a criminal or civil case. For example, not all small businesses understand the rules governing pass-through contracting or limitations on subcontracting. There may be a teaming agreement or joint venture involved.
The SBA, VA or some other entity has reason to believe that your company has pass-through contracts illegally to subcontractors. This puts you in a very precarious position. You must have a professional up from that can push back against federal prosecutors or even the SBA. It is not unheard of the federal agencies to misapply their own rules.
- Even the SBA has been reversed on its day-to-day decisions regarding its own programs
- Unless you can establish the governments weak position upfront, then federal prosecutors will take the gamble and move forward with criminal prosecution.
HOW TO AVOID COMMON AND COSTLY LEGAL MISTAKES
As mentioned throughout the article, be sure that you have someone on your team that understands the federal procurement process. Without it, you will more than likely be paying for traditional criminal attorneys to get up to speed on federal procurement laws. Many successful companies hire outside legal counsel to advise on the underpinnings of government contracting investigations.
Are You Currently Being Investigated
It can be difficult to know for sure if youre the target of a pre-file investigation, but sometimes there are enough clues to safely assume that you are being investigated. You may have had a surprise visit at your home by detectives from the Tampa Police Department, or you may have received a call from a detective.
Or, your friends or co-workers may have tipped you off that the police were asking questions about you, but more often than not, unwitting suspects have no idea that the police are busy behind the scenes trying to gather enough evidence to make a lawful arrest.
Law enforcement sees a benefit in these covert investigations because they feel that the less the suspect knows, the lower the chances of the suspect destroying evidence or going into hiding.
Read Also: Can I Become A Police Officer Without College
Under Investigation Our Attorneys Can Help
A pre-file investigation occurs when law enforcement contacts a person and then investigates that person for possibly committing a crime. Pre-file investigations occur before criminal charges are filed and allow law enforcement to determine if there is sufficient evidence against the person to file charges. If law enforcement finds that there is enough evidence, it is very likely that the person will be placed under arrest and charged with a crime. However, if law enforcement discovers that there is not much conclusive evidence, the person will not face any legal action.
During the pre-file investigation, the person will be subject to questioning, which can be extremely intrusive. By having acriminal defense attorney on their side, the person can ensure that their rights are protected and that they are kept aware of their legal options. Additionally, if a criminal lawyer gets involved before charges are pressed, there is a greater chance that the lawyer can negotiate with law enforcement and challenge possible evidence.
Once a person learns they are subject to a pre-file investigation, it is usually to their benefit to contact a skilled attorney. Call today!
Signs That You May Be Under Investigation In Virginia
Although it may seem obvious, law enforcement officers have a variety of techniques they use to investigate crimes including some that are more subtle than others. For this reason, it is important that you are able to recognize when you may be under criminal investigation and consult with a Virginia criminal lawyer as soon as possible to protect your rights and ensure you do not incriminate yourself in any way. The following is information on how to tell if you are under investigation and the importance of contacting an attorney. To learn more call today.
You May Like: Can The Police Track Your Iphone
Topic : Threat Vs Action Analysis Dilemma
The critical elements of this Threat vs. Action Analysis Dilemma were demonstrated in what became known as Active Shooter calls flowing from the incident at Columbine High School in 1999 . In this incident, two armed teenagers went on a shooting spree in the high school killing 13 people and wounding 20 others before turning their weapons on themselves and committing suicide. Officers responding to that call followed departmental protocols of that era. These protocols dictated they should wait for the arrival of their Emergency Response Team in events where armed suspect confrontations were taking place. The fact that these first responders waited despite ongoing killing taking place inside the high school led to a determination that police have a duty to take action in such cases, and waiting is not the correct response. As a result of these determinations, active shooter response protocols were adopted across North America and police agencies re-trained their personnel to respond to active shooters with more immediate action and strategies to enter and confront the shooters in order to protect lives of possible victims.
How An Attorney Can Help
Even if you are not sure that you are being investigated, an attorney can help because an attorney will be able to speak with you about your options should you eventually be investigated or charged. The attorney can advise you of what the police will be looking for and how you might be approached based on their evaluation of the circumstances in your specific case. An attorney can also be on call in case the police do approach you and can be a significant resource in how to interact with the police.
Additionally, an attorney will be able to do some initial background investigation to try to find out exactly what the police are looking for to determine the nature of the potential charges to be brought. For some attorneys, this might mean checking out the warrant logs at the local county courthouse to look for a search warrant or arrest warrant issued for you, for your residence or for the residences of your acquaintances and business partners.
Also Check: How To Find Police Records Online For Free
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?
Topic : The Distinction Between Investigative Tasks And Investigative Thinking
To understand the process of investigation, it is necessary to comprehend the distinction between investigative tasks and investigative thinking. Investigative tasks relate to the information gathering processes that feed into investigative thinking and the results. Investigative thinking, on the other hand, is the process of analyzing information and theorizing to develop investigative plans. Let us consider this distinction in a little more depth.
Also Check: How To Sign Up For Police Academy
Third Sign: A Persons Accounts Are Frozen
In rare cases, a person may receive notification from a utility company or bank that states that their information was shared. This situation is rare because these companies are not supposed to contact the person. However, if someone receives this type of notification, this is a red flag that some government agency is looking into the persons information.
Free Car Insurance Comparison
Compare quotes from the top car insurance companies and save!
Secured with SHA-256 Encryption
Looking for Car Insurance? At Sure Buy, we make it easy to find the right policy. Youll receive free insurance quotes and information on policies, rates, and coverage to make your life better. Just click below. Well help you find what youre looking for!
Read Also: How Do You Fix An Incorrect Police Report
Topic : Progression Of The Investigative Process
The investigative process is a progression of activities or steps moving from evidence gathering tasks, to information analysis, to theory development and validation, to forming reasonable ground to believe, and finally to the arrest and charge of a suspect. Knowing these steps can be helpful because criminal incidents are dynamic and unpredictable. The order in which events take place, and the way evidence and information become available for collection, can be unpredictable. Thus, only flexible general rules to structured responses can be applied. However, no matter how events unfold or when the evidence and information are received, certain steps need to be followed. These include collection, analysis, theory development and validation, suspect identification and forming reasonable grounds, and taking action to arrest, search, and lay charges.
In any case, as unpredictable as criminal events may be, the results police investigators aim for are always the same. And, you should always keep the desired results in mind to provide focus and priority to the overall investigative process. We will talk more later in this book about developing a mental map of the investigative process to assist in recording, reporting, and recounting events. It is mentioned now because a mental map is an appropriate metaphor to illustrate the investigative thinking process.
During The Police Investigation
The police must give you updates on their investigation, and tell you within 5 days when a suspect is:
- arrested or charged
- set free or released on bail
- given a caution, reprimand, final warning, or penalty notice
When the police have finished their investigation, they can pass the information to the Crown Prosecution Service who then decide if theres enough evidence to take the case to court.
If the police or the CPS decide to drop the charge, they must tell you within 5 days. You can ask for a review if you disagree with their decision.
You May Like: How Much Does A Police Drone Cost
Keep A Lookout For Anything Unusual
The police will want to gather incriminating evidence against you before placing charges. Check your surroundings to see if you notice anything or anybody strange. It may be unmarked vans parked across your house or a suspicious person following you everywhere you go.
If you are being spied upon, the person would follow you everywhere, stop moving when you move, mumble, or talk under their breath when you do something, and actively avoid your eye contact.
Do not ignore your neighbors when they say they noticed somebody lurking around the house, such as a postman when you are not supposed to get any mails or a utility repairman coming in unannounced. If that happens, check if anything seems misplaced in your house, and look for wired bugs in your appliances.
Keep track of odd phone calls, friend requests, or messages on social media. Distant static or clicking sounds, decreased battery life, phone acting up by making weird noises and lighting up, increased usage of data, etc., could indicate that your phone is also being tapped.
What To Do When You Are Being Investigated Under Investigation But Not Charged
WHAT SHOULD YOU BE AWARE OF WHEN SPEAKING TO FEDERAL INVESTIGATORS?
This point cannot be overemphasized for federal contractors. When you speak to federal investigators upfront, you are either a target or not for prosecution. In either situation, you have to be cognizant of the fact that information provided to the investigator can seriously impact any future efforts to bring criminal charges against you. You should always consider consulting with legal counsel before interviews.
- You should always cooperate with federal investigative authorities
- You have statutory and or constitutional rights that you must protect
Be aware that any false statements made to federal investigators can have a domino effect on future charges. Statements made in good faith because you think that you have nothing to hide can change the governments posture pretty quickly. Learn various tips about understanding the Federal Acquisition Regulation If the investigator somehow finds the statement is false, then your bargaining position is reduced simply because the false statement by itself can cause a new criminal case against you.
You May Like: Where Can I Find Police Auctions
If The Case Goes To Trial How Long Will That Process Take
Again, there are no one-size-fits-all answers to the length of time the overall case may take once it goes to trial. Quicker cases can take a few months, while more complex ones can take a year or more.
Although all criminal defendants are guaranteed the right to a speedy trial, there are some cases in which having the process speed along may not be a positive development. For instance, if the defending attorney needs more time to gather evidence or investigate witnesses, they may file to waive the right to a speedy trial to buy more time. Your experienced criminal defense attorney will know which motions to file in order to have enough time to build a strong defense.
Does Being A Good Person And Not Having A Prior Record Matter In A Criminal Case
When it comes to proving the charges, it doesnt matter they will look at the charges and what they can prove. However, your credibility is a big factor in how cases are decided police and prosecutors have to decide whether somebody is believable and whether a jury will believe them, so it can be a big deal.
Where it really comes into play, though, is in sentencing there are mandatory minimums for most offenses but if you have lived a good, honest, and law-abiding life, you will be more likely to get the minimums than the maximums, whereas someone on their third or fourth offense and lied to police during their investigation, do not get those breaks. It wont help determine whether youre guilty or innocent, but it will determine how you are treated if you are found guilty.
Recommended Reading: Do I Need A Degree To Be A Police Officer
You Will Be Putting Yourself At A Great Disadvantage If You Do Not Have An Attorney Present While You Are Being Questioned
If theyre questioning you theres always a chance that you can say something that might incriminate you whether youre guilty of anything or not. You are placing yourself at a tremendous disadvantage by speaking to law enforcement personnel without an attorney present.
I have many, many clients who call me and say, Well, they asked me to come in for questioning and I answered their questions and guess what? I was arrested and now I have charges. When you represent them after they already have been interviewed, as an attorney, you are now stuck with the answers they gave to those questions that preceded their arrest. This is a terrible disadvantage.
Interviewer: So even before Miranda Rights are read to you, you can always say I want to speak to my attorney first?
Michael: Correct. Its very, very important to keep that in mind.
Interviewer: I think thats what a lot of people dont know.
Nevada Defense Attorney Descibes Investigation Process In Nevada Under Chapter171
Local law enforcement agencies throughout the state of Nevada are charged with keeping the peace, responding to reports of criminal activities, and conducting investigations. There are a number of law enforcement agencies that have different tasks and different jurisdictions, including the Las Vegas Metropolitan Police Department, the Clark County Constable, and the Carson City Sheriffs Office. Federal law enforcement officials, including the Federal Bureau of Investigation and the Drug Enforcement Agency ,these two may also operate within the borders of Nevada.
All of these law enforcement agencies are subject to strict rules and regulations when it comes to the investigation of criminal acts, the detention of suspects, and the collection of evidence. Suspects have many protections guaranteed by the United States Constitution, the Nevada Constitution, and the Nevada rules of criminal procedure. When any of the rights of a suspect are violated, this can result in evidence obtained against the suspect being suppressed- which means that prosecutors may not make use of the evidence in court to secure a conviction.
Don’t Miss: What Can You Sue The Police For