At Kern Law, APC, we have represented clients for over 20 years with serious criminal investigations and cases. Many people assume they will know when they become the target of a criminal investigation. The reality is that the San Diego Sheriff's Department, or other investigating agency, often conducts investigations for weeks or months before making an arrest.
If a detective has called you to request an interview, left a business card at your residence, served a search warrant, or contacted family members or coworkers, you may already be the focus of a criminal investigation in San Diego County.
Whether the allegations involve Fraud, Drug offenses, Embezzlement, Burglary, Domestic Violence, Theft, or Weapons charges, retaining an experienced San Diego criminal defense attorney before speaking with investigators may be one of the most important decisions you make.
Signs You May Be Under Criminal Investigation
Many individuals do not realize they are under investigation until law enforcement makes contact. Common warning signs include:
- A detective asks you to come in for an interview
- Family members or coworkers are contacted
- You are contacted by a Sheriff’s investigator
- A search warrant is served and executed
- Investigators will request to hear “your side of the story”
- Subpoenas are issued for records
- Social media accounts become a focus
- Electronic devices are seized
- Sheriff's investigators call your phone
Why Detectives Want to Speak With You
A common misconception is that detectives simply want to clear up misunderstandings. More often, investigators are attempting to gather admissions, inconsistent statements, or information that strengthens their case. It is important not to waive any constitutional rights or provide information that may be used against you.
Don’t Assume You Can Talk Your Way Out of an Investigation
A common mistake people make is their belief that they can explain away allegations during an interview. Investigators are trained to ask incriminating questions. Questions that may appear harmless can elicit a damaging response that may include the following:
- Place you at a scene at a certain time
- Cause admissions to damaging facts
- Create inconsistent stories
- Lock in a version of events
- Impact or eliminate certain defenses
- Corroborate accounts of witnesses
Search Warrants and Digital Evidence
An electronic focus on evidence is often used when someone is under investigation. An investigator may seek:
- Cell phone data
- Emails
- Text messages
- Social media communications
- Cloud storage records
- GPS information
- Financial records
An experienced criminal defense attorney may be able to challenge unlawful searches or evidence obtained improperly.
The Benefits of Hiring a Criminal Defense Attorney Before Charges Are Filed
Waiting to retain an attorney until charges are filed or someone is arrested can be a mistake. In some cases, early intervention can result in reduced charges or a decision not to file charges at all. Hiring an attorney before charges are filed or an arrest has occurred may allow your attorney to:
- Prevent damaging interviews
- Communicate directly with investigators
- Present beneficial evidence
- Contact witnesses
- Challenge search warrants
- Preservation of important evidence
- Pursue diversion alternatives
- Advocate against criminal filing
What Should You Do If Contacted by Law Enforcement
- Politely decline any interview or to answer any questions
- Stay calm
- Request an attorney
- Contact a criminal defense lawyer immediately
Contact a San Diego Criminal Defense Attorney Immediately
If you believe you are under investigation by the San Diego Sheriff's Department or any investigating agency in San Diego County, time is critical. The earlier a defense attorney becomes involved, the more opportunities may exist to protect your rights and influence the direction of the case.
Whether the investigation involves Fraud, Domestic Violence, Embezzlement, Burglary, Thefts, Drug offenses, or Weapons charges, obtaining legal counsel before speaking with law enforcement is essential.
Contact Kern Law, APC, today for a free consultation: 619-200-2808