Criminal Investigations in Georgia: Know Your Rights

If the police are investigating you and ask for an interview, you have the right to decline from making any statements. Often times when there is an active investigation, the police will contact you and ask you to come to the police department to make a statement. You should NEVER agree to make any statements. Immediately contact an experienced Georgia Criminal Defense Attorney who knows how to handle active investigations. It is of the utmost importance that you protect your rights from the very beginning. Always have an experienced Georgia Criminal Defense Attorney present with you during any questioning by law enforcement.

There are a variety of reasons why you should be cautious about speaking to the police. A lot of the time, investigators believe they know the whole story. When asking questions, their questions will be misleading or confusing. Often, the investigator will misconstrue what you tell them. Remember, the most difficult thing to defend against at a trial, should it come to that, is your own word. Never make any statements to the police.

For all of these reasons, you should always have an experienced attorney present when making statements to the police, whether you are arrested or asked to come in for a voluntary interview. If you have any questions about this process, contact me today.

Signs You May Be Under Investigation

Many people do not realize they are the focus of a criminal investigation until they are arrested. Warning signs can include:

• A police officer, detective or law enforcement agent calls, leaves a business card, or asks you to “come in and talk”
• Friends, coworkers, or family members tell you they were questioned about you
• You receive a subpoena or request for documents
• Police execute a search warrant at your home, office, or vehicle, or seize your phone
• Your employer launches an internal investigation into missing money or misconduct

Your Rights When Police Want to Talk

The U.S. Constitution and Georgia law protect your right to remain silent and your right to an attorney. You are not required to answer questions, go to the police station voluntarily, or explain your side of the story. Investigators are allowed to be friendly, to suggest that cooperating will help you, and in some situations to be less than fully honest about the evidence they have. Anything you say can be used against you, even if you believe you are innocent.

You have rights when it comes to searches. In most situations, police need a warrant or your consent to search your home, phone, or belongings. You can politely say that you do not consent to a search. If officers have a warrant, do not physically resist, but do not answer questions without an experienced attorney present.

How a Defense Attorney Helps During an Investigation

Having a lawyer involved before charges are filed can make a significant difference. During an investigation, I can:

• Serve as the point of contact so investigators deal with me, not you
• Find out, when possible, whether you are a witness, a subject, or a target
• Advise you on whether to provide a statement, documents, or a DNA sample
• Preserve evidence and identify witnesses that support your side
• Present information to investigators or prosecutors that may prevent charges from being filed
• Arrange a voluntary surrender, if charges are filed, to avoid an arrest at your home or workplace

Frequently Asked Questions

If I’m innocent, shouldn’t I just explain what happened?

Innocent people are often hurt by speaking to police without a lawyer. Small inconsistencies or misunderstood statements can be used against you later. Talk to an attorney first; if you feel giving a statement is in your best interest, hire an attorney, talk with your attorney, and, if a statement is made, your attorney must be present. Contact me at any time and I will guide you and make sure your rights are not violated and you are protected.

Can I be charged even if I don’t talk to the police?

Yes. Declining to speak does not stop an investigation, but it does prevent you from accidentally giving the State evidence it did not have.

Every case is different. Every law enforcement agency is different. Every question, fact, piece of evidence is different. Be knowledgeable before speaking with police. Contact me today or call (404) 403-2665 for a free, confidential consultation about your situation.