Are You Being Investigated For A Crime?
Law enforcement will not necessarily announce to you that you are being investigated for a crime, nor do they have to. In fact, in federal criminal cases, the FBI, DEA and other agencies may engage in wiretapping and other efforts to gather evidence for weeks, months or even years before making contact with the suspect. Even when law enforcement discusses a case with the target of an investigation, they may tell the target that he or she is not a suspect.
To be on the safe side, you should always assume you are being investigated if the police or another law enforcement agency wants to question you. Invoke your right to remain silent. Invoke your right to counsel. If the investigators want to look around your residence or your business, make sure they have a warrant. Do not simply allow your rights to be violated.
Understanding The Difference Between A Target, A Subject And A Witness
Understanding your role in an investigation is vital. Authorities may classify you as a target, subject or witness, each carrying different consequences. Here is a breakdown of each:
- Target: A target is someone prosecutors have evidence against and will likely charge with a crime.
- Subject: A subject is someone whose conduct falls within the scope of the investigation but is typically not a target.
- Witness: A witness may possess information relevant to the investigation but does not face implications for wrongdoing.
Our attorneys can help you comprehend your position and provide you with advice and guidance on an appropriate course of action.
Your Right To Protection From Illegal Search And Seizure
When the authorities gather evidence for a potential criminal case, they may need to perform a search and then seize that evidence. However, under the Fourth Amendment, U.S. citizens have fundamental protection against illegal search and seizure.
The first way that the government can perform a search is simply by asking for a person’s permission. If someone gives consent, then the search is permissible. There are also some searches that can be carried out without consent in an emergency.
In the majority of cases, though, if the government does not have consent, then they must obtain a search warrant. Law enforcement must demonstrate probable cause to the court, explaining why the search is necessary. The court can then issue a warrant that allows them to perform it even without the consent of the property owner.
When do search warrants apply?
This requirement applies to many different types of searches. It is true for the search of a home, a business or other private property, like a vehicle. It can also apply to searches of certain devices, such as someone’s computer or cellphone.
A valid warrant does more than just give permission for the search under Illinois law. It should also specify certain details, such as where the authorities are authorized to carry out the search, what type of evidence they are seeking and when they can execute the search warrant. They must abide by these restrictions, even when a valid warrant has been issued.
What constitutes a seizure?
A seizure is simply the taking of evidence, such as seizing illegal drugs from someone’s home or taking copies of electronic messages sent on a cellphone. One key factor to remember is that if this evidence is seized illegally – such as if police perform a search without consent or a warrant – then it may not be admissible in court under the fruit of the poisonous tree doctrine. This is one potential defense to criminal charges, as excluding evidence from court may help to have the charges dropped.
If You Are Under Investigation
Overconfidence is the downfall of many. They think that they can talk to law enforcement without saying anything that can be used against them, and then they are surprised that something they said is twisted and used to get a conviction. They think that they can let law enforcement look around without a warrant because there is nothing to find, and then they are surprised when something is found. This can often be avoided.
Think of this as a competition. In any competition, would you allow your opponent to get a head start? Of course not. The same holds true in a criminal defense case, except the stakes are likely higher than any other competition you have engaged in. Your entire future may be on the line here. Do not assume that everything will be okay. Enlist an experienced lawyer to protect your rights from the very start and begin building your case.
At Cheronis & Parente LLC in Chicago, we want you to understand just how much we can accomplish if you get our attorneys involved during the investigation stage instead of waiting until you are charged. First of all, we will be able to match our opponents step by step, building a case that will put you in the best possible position in the event you are charged, rather than having to catch up. Furthermore, early intervention may allow us opportunities to work with the prosecution to:
- Minimize the charges against you
- Keep charges in state court rather than federal court
- Prevent charges from being filed
For example, early intervention in a tax fraud case may allow us to negotiate with the IRS to resolve the matter with some sort of payment plan, avoiding criminal charges.
Responding To A Grand Jury Subpoena
Receiving a grand jury subpoena can be daunting. That is because it can require you to provide documents, testimony or both. It is essential to respond appropriately and promptly. We can guide you through each step of the process to ensure you are compliant and protect your rights. Our trial lawyers are adept at managing subpoenas, leveraging our extensive experience to maneuver these proceedings. We want to ensure we inform and prepare you for everything that could come with your investigation.
Do Not Speak To Anyone Except Your Lawyer
Amid a criminal investigation, it is important to limit your communications. Conversations with family, friends or coworkers, however well-intentioned, can expose them to questioning or requests for witness testimony. Only speak about your case with your lawyer. That way, you can safeguard your rights without compromising the effectiveness of your defense strategy.
You Can Talk To Us
We offer initial consultations, so even if you are unsure whether you need us at this point, we can review your case and explain what is happening. Call 872-985-0701 or email us.