If the police are investigating you but haven't filed charges, you can end up in a tricky situation. You may struggle to assert your rights. Likewise, it can be challenging to mount a defense when you might now even know what the cops are getting at.
What should you do? You can address the situation by following these three tips.
Hire an Attorney
You might think you don't need a criminal defense lawyer because the cops haven't charged you with an offense. Worse, the police might tell you they think you're a witness or a person of interest rather than a suspect.
The smart move is to assume the cops plan to criminally charge you. Even if you're sure you're a witness, the police might decide to charge you with obstruction if they think you haven't helped them enough. Hire a criminal defense attorney even if you only suspect the police are investigating you or someone you know.
Assert Your Rights
In the absence of a criminal proceeding, you might not feel like you can assert your basic rights. However, a criminal defense lawyer will tell you to assert your right to remain silent even if the cops aren't inquiring about anything that seems like it could lead to charges. If they don't like your lack of answers, tell them they can schedule an interview with your criminal defense attorney. When you have counsel present, you can then answer whichever questions your lawyer thinks are appropriate to respond to.
Similarly, never allow the police to look anywhere without a search warrant. The cops will happily save themselves the trouble of getting a warrant if they think someone will just let them in the door. Even if the police officer says they want to come in to talk, they can still look for evidence of crimes. Likewise, a cop will often push the boundaries to see if they can find something, such as looking down a hallway. If they don't have a warrant, don't let them into your house.
Document Everything
You will have a hard time shutting down an investigation that isn't tied to an official criminal charge. The courts give the cops a lot of room to do their jobs, and that can make them difficult to handle in this sort of gray area.
Whenever a cop talks to or even looks at you, write down the officer's name if you caught it, where it happened, and what they asked about or did. If the investigation goes on for a long time, you may be able to use the documented evidence to file a harassment claim against the police department.
