Depending on the charge, it is possible to be the target of a criminal investigation without knowing it. While the efforts of the police are fairly limited for minor crimes like speeding or DUI, law enforcement could work for months to secure an arrest in a drug or sex trafficking case.
Understanding the nature of criminal investigations in DeKalb County could be helpful for anyone worried that they may be charged with a crime. In some cases, your attorney might be able to head off the prosecution entirely during this early phase. Let a dedicated defense lawyer advise you of your rights.
What To Do When the Police Visit
The most important thing to keep in mind when it comes to dealing with the police is that everyone has rights under the Constitution. Specifically, the Fourth Amendment protects individuals from unreasonable government searches and seizures.
When the police show up at a suspect’s home and inform them that they are under investigation, they often ask for permission to search the property. No one is obligated to answer their questions, much less give consent to a privacy-invading search.
If the police come into a person’s home, car, or business without their permission, they must have a warrant executed by a judge for that search to be valid. The judge can only issue a warrant when they have a reasonable belief that the search will result in evidence of a crime. This is a high standard that will only be met when law enforcement provides evidence to the court that supports the grounds for the search.
If the police illegally enter a person’s property, any evidence they find could be thrown out at trial. This makes it crucial for an attorney in DeKalb County to carefully review every aspect of a criminal investigation.
Will Investigations Always Lead to Charges?
There are times when police investigate allegations only to opt out of making an arrest. This is the case for a few reasons. For starters, some cases begin with information that is outdated, incorrect, or even intentionally fraudulent. After a cursory review, the police may determine whether a crime was not committed and close the case.
In other situations, the prosecution might be on the fence about bringing charges. Not every case is clear, which is where having the support of an attorney can be invaluable. In some situations, a lawyer could provide the state with evidence that raises doubt that a crime was committed. While these efforts are not always successful, Dekalb County attorneys could work with the prosecution to avoid criminal charges in some cases.
Every Suspect is Presumed Innocent
The police might be convinced they have found the culprit for a given crime, the law presumes that a person is innocent until they are found guilty in a court of law. That means during the course of these investigations, the target has the same rights as anyone else. An attorney can ensure a person’s rights are protected even when they are under the police spotlight.
Talk to an Attorney in DeKalb County About a Criminal Investigation
It is never easy to learn you are the subject of a criminal investigation in DeKalb County. While this does not guarantee you will be charged with a crime, there is always the possibility. You are best served to protect yourself either way by discussing your case with an attorney. Call our firm today to learn about your legal options.