What Should I Do If I’m Under Investigation for a Crime in Florida?

When the Police Start Asking Questions, Your Next Steps Can Make All the Difference. Here's What You Need to Know.

If you're under investigation for a crime in Florida, it's natural to feel overwhelmed, confused, or even scared. You might think that cooperating with law enforcement will make the process easier, but that's not always the case. In fact, how you respond when you realize you're under investigation could significantly impact the outcome of your case, and it could mean the difference between facing criminal charges or walking away without any legal consequences.

Having worked on hundreds of criminal cases in Florida, I've seen firsthand how crucial it is to take the right steps from the moment you're under investigation. I want to walk you through what you should do, the Florida statutes you need to be aware of, and why hiring a private attorney as soon as possible is essential.

Step 1: Recognize the Signs of an Investigation

The first thing you need to understand is that an investigation doesn't always mean you're about to be arrested. However, the police may start looking into you if they believe you might be involved in a crime. You might not even know you're being investigated right away, but there are some red flags to watch for:

• Police questioning: If the police start asking you detailed questions, they may already suspect you are involved in a crime.
• Surveillance: The police might be watching your movements, tracking your phone, or even conducting physical surveillance without you knowing.
• Searches: The police might try to search your home or your car. This is a sign that they may already have enough evidence to start building a case.
• Contact from an investigator: A phone call, a letter, or a visit from a detective is a common sign that you're under investigation.

If you notice any of these signs, it's crucial that you understand your rights and take the proper steps to protect yourself.

Step 2: Know Your Rights Under Florida Law

In Florida, as in the rest of the United States, you have constitutional rights that protect you during any criminal investigation. The Fifth Amendment guarantees that you don't have to incriminate yourself, and the Sixth Amendment gives you the right to an attorney. Here are some key statutes to understand:

• Right to Remain Silent (Fifth Amendment and Florida Statutes § 90.502): You do not have to answer police questions during an investigation. You can invoke your right to remain silent and politely refuse to answer any questions.
• Florida Statutes § 90.502 says, "A person has the right to refuse to testify in any proceeding if the testimony might incriminate them." This means you can stay silent and avoid self-incrimination.
• Right to an Attorney (Sixth Amendment and Florida Statutes § 901.17): Once you are under investigation, you have the right to an attorney. If you request an attorney, all questioning must stop immediately.
• Under Florida Statutes § 901.17, an officer must inform you of your right to remain silent and your right to legal counsel. When you invoke these rights, the police must stop asking questions and must allow you to consult with a lawyer before proceeding.
• Search and Seizure (Fourth Amendment and Florida Statutes § 933.04): Police need a valid search warrant or probable cause to search you or your property. If they do not have either, any evidence obtained during an unlawful search may not be used in court.

Understanding these rights is crucial when you're under investigation. Many people don't realize they have the right to remain silent or the right to an attorney, which can lead to mistakes that hurt their defense.

Step 3: What to Do if the Police Contact You

If the police contact you about a potential investigation or come to your home, here's what you should do:

• Don't panic: Stay calm and assess the situation. Take a moment to think before responding.
• Invoke your right to remain silent: Politely inform the officer that you wish to remain silent and that you do not want to answer any questions without your attorney present.
• Call a lawyer: As soon as you realize you are under investigation, contact a private criminal defense lawyer. The earlier you involve an attorney, the more options you'll have to avoid charges or mitigate penalties.

For example, I once worked on a case where my client was contacted by law enforcement for questioning about a theft investigation. My client, unsure of their rights, spoke with the police without legal representation. The officers used their statements to build a case against them, and they were charged with a felony. By the time I got involved, the evidence was already stacked against my client, and we had to work with a very limited defense. This could have been avoided if an attorney had been involved early.

Step 4: Why You Need a Private Attorney During an Investigation

When you are under investigation, the stakes are incredibly high. Here's why hiring a private criminal defense attorney is so important:

1. Expert Guidance: A private attorney understands the law, the statutes, and the legal process. We know how to handle the complexities of criminal investigations. An experienced lawyer can help you understand what's happening, what steps to take, and how to protect your rights throughout the process.
2. Strategic Advice: If you've been approached by police, the worst thing you can do is try to talk your way out of the situation. A lawyer will advise you on when to remain silent, when to cooperate, and how to proceed without making the situation worse.
3. Investigative Support: Often, the police are already building a case against you. A private attorney can conduct an independent investigation on your behalf. This might involve gathering evidence, interviewing witnesses, or challenging the methods the police are using.
4. Negotiation: If charges are filed, a criminal defense lawyer can often negotiate for reduced charges, a plea deal, or even dismissal of charges. We know how to engage with prosecutors and work out favorable outcomes, saving you from the harshest penalties.

Step 5: What Defenses May Apply to Your Case?

If you are under investigation, there may be several defenses available depending on the nature of the crime and the evidence. Here are some potential defenses to keep in mind:

• Insufficient Evidence: In criminal law, the prosecution has the burden of proving that the defendant committed a crime beyond a reasonable doubt. If the evidence is weak or circumstantial, your attorney may be able to challenge it, leading to a dismissal or acquittal.
• Alibi: If you can prove that you were elsewhere at the time of the alleged crime, an alibi defense can be a powerful tool in defending yourself.
• Unlawful Search and Seizure: If law enforcement violated your constitutional rights by conducting an unlawful search or seizure, any evidence obtained may be inadmissible in court.
• False Accusations: Sometimes, individuals are wrongfully accused of a crime. If someone is making false claims against you, an attorney can help investigate and gather evidence to disprove those claims.

For example, I recently represented a client accused of a theft that they didn't commit. Through investigation, we discovered that the accuser had made similar false claims in the past. We used this information to have the charges dropped and the case dismissed. This was only possible because we dug into the facts and found a defense strategy based on the evidence.

Example of a Case 

A person who was under investigation for a robbery. The police were questioning them for hours without a lawyer present. By the time I got involved, they had made some statements that the police were using as evidence against them. However, after reviewing the case and the arresting officers' reports, we found that the police had violated my client's rights by failing to advise them properly of their rights to remain silent and their right to counsel.

We filed a motion to suppress the statements made during that interrogation. As a result, the judge ruled that the statements were inadmissible. The prosecution could no longer use those statements against my client, and the case was eventually dismissed. This result wouldn't have been possible without quick legal action to challenge the violation of my client's rights.

Step 6: What Happens Next After an Investigation?

If you are under investigation, it's important to know that the process may take time. The police may collect evidence, speak to witnesses, or wait for forensic results. Here's what to expect:

• If charges are filed: You'll be formally charged, and your case will move to the court system.
• If charges aren't filed: The police may close the case, but it's important to continue monitoring the situation in case it reopens.
• If charges are dismissed: This typically happens after your lawyer files motions or challenges the evidence.

The timeline can vary, but your attorney will keep you informed of any developments and help you prepare for each step.

If you're under investigation, the most important thing you can do is act quickly. Contact a private attorney who understands the Florida criminal justice system and will fight to protect your rights. Don't wait for charges to be filed before you get help.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – What Should I Do If I'm Under Investigation for a Crime in Florida?

What should I do if the police contact me about a crime?

If the police contact you, your first step should be to remain calm and politely invoke your right to remain silent. Then, contact a private criminal defense lawyer. Your lawyer will help you understand whether you should answer any questions or request an attorney's presence.

Can I refuse to answer police questions during an investigation?

Yes, you can refuse to answer police questions under your Fifth Amendment right against self-incrimination. You do not have to say anything that could potentially incriminate you. It's always best to remain silent and have your attorney present before answering any questions.

Do I need an attorney if I'm just under investigation?

Yes, absolutely. Being under investigation means the police believe you may be involved in a crime. Having an attorney early on allows you to protect your rights and avoid saying something that could hurt your case later.

What happens if the police search my property without a warrant?

If the police search your property without a warrant or valid consent, this could be a violation of your Fourth Amendment rights. Any evidence obtained in an unlawful search may not be admissible in court. A lawyer can help challenge illegal searches and prevent improperly obtained evidence from being used against you.

Can I be arrested without being charged first?

Yes, the police can arrest you based on probable cause even if you haven't been formally charged. However, the charges must follow soon after the arrest. Having a lawyer after an arrest can help ensure that your rights are upheld and prevent further legal violations.

How can a private attorney help during an investigation?

A private attorney can review the evidence, investigate the circumstances, and help you understand your legal options. They'll protect your rights, keep you informed of any developments, and fight to prevent charges from being filed or help reduce the severity of charges if they are filed.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you're under investigation, the most important thing you can do is act quickly. Contact a private attorney who understands the Florida criminal justice system and will fight to protect your rights. Don't wait for charges to be filed before you get help.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.