Many criminal cases begin as investigations. An accusation of wrongdoing; a report to police; the assignment of a detective.
A detective isn't the same as a uniformed police officer. They don't patrol and make arrests on the spot. They are assigned to specialized units within their departments that investigate more serious crimes - financial crimes; property crimes; narcotics crimes; violent crimes.
When a detective is assigned to a case, this means that the initial report had some merit. Many initial police reports are reviewed and are immediately dismissed or "cleared." This means that the police department really can't do anything about it.
But when a detective is assigned, consider the situation much more serious.
Detectives will talk to witnesses, review evidence, and use the power of the subpoena to obtain whatever they need in order to make an arrest.
One of the things detectives will often try to do is speak to the subject of the investigation. It is in this precarious situation where most people will make the fatal mistake of giving a statement to law enforcement.
The detective may have little evidence that you committed a crime. But your statement - even if you don't directly incriminate yourself - could be the final straw. It could be the one thing that makes the difference between the detective declining to make an arrest in your case, to the detective determining that probable cause for arrest exists.
If you find that you are under investigation by a law enforcement agency for a crime, that is the time to retain an attorney.
It is not after you've been arrested. You must contact an attorney immediately upon learning that you are the subject of a police investigation.
It could potentially be the difference between getting arrested and not getting arrested.
Eric Matheny is a criminal defense attorney serving clients in Miami-Dade County; Broward County; and Palm Beach County. Contact us to discuss your case!