What to do When You are Being Investigated & Signs it’s Happening

Last Updated on May 2, 2025

In television and movies, the suspect almost always knows the police are investigating them and acts accordingly. But in real life, things are rarely so obvious. You do not legally have to be informed of an investigation, and police often prefer not to notify someone that they are a suspect until they formally charge them with a crime. This way, they can informally question the suspect without raising their guard or making them realize they should have a criminal defense lawyer present.

Many people are investigated for weeks, months, or even years before police believe they have collected enough evidence for the prosecution to make a case. Having an attorney represent you while you are under investigation but not yet charged can help you avoid doing or saying anything that may harm your defense, but first, you need to know how to tell if the police are investigating you. Here are some signs you are under criminal investigation:

Police Ask to Talk to You

Any time the police come to talk to you, you should ask yourself, ‘am I under investigation?’ Even if they approach you about a crime someone else committed (a domestic dispute between your neighbors, for example), they could use this as a pretext to talk to you and look around inside your home without a warrant.

Unfortunately, many people think that if the police come to talk to them about a crime without arresting them or reading them their Miranda rights, they must be a potential witness. However, this is actually one of the biggest signs someone is under investigation, as it is one of the main ways law enforcement officers identify and narrow down their list of suspects. If police officers have come to question you about a crime, there’s a good chance you’re on their list of potential suspects. If you willingly talk to them, it does not matter that you haven’t been read your rights or told you’re a suspect —anything you say can be used against you.

Many people mistakenly think they can persuade the police they have done nothing wrong or can explain their conduct, but the time to consult a lawyer is before talking to the police. As soon as you become aware that the police want to speak to you, immediately contact a criminal defense lawyer —even if you are innocent and want to assist the investigation.

You Notice Suspicious People or Vehicles Outside Your Home

If you see police cars, whether marked or unmarked, near your home all the time and they weren’t there before, there’s a good chance they’re investigating someone —and that someone could be you.

Strange People are Trying to Get Near You

It should be a red flag if strangers have been approaching you, your friends, or family members to ask questions, particularly about crimes. In some cases, these people may be informants or undercover police officers.

New People or Old Friends are Trying to Contact You

You might also notice that you’ve been getting strange calls, texts, or friend requests on social media from total strangers or people you haven’t talked to in years. If  anyone has suddenly started trying to get into your life, contact an attorney immediately.

Someone Tells You Police Spoke With Them

If a friend, family member, neighbor, business associate, or anyone else tells you the police approached them with questions about you, take their words seriously. Ask what questions the officers asked and what replies your acquaintance gave. Once they provide you with all the information about their interview, provide this information to your lawyer.

Police Have a Warrant to Search Your Property

On the other hand, a search warrant for your home and or business is an indication the police believe you are a viable suspect and there will be evidence of a crime collected if they search your property. A search warrant for your DNA also means you are a suspect in a crime, typically sexual assault. Only a judge can issue a search or arrest warrant, but both require police to submit evidence to justify the warrant.

If police have a search warrant for your property, contact a lawyer immediately. An attorney can protect your rights during the execution of a search warrant.

There is a Warrant Out for Your Arrest

To obtain a warrant for your arrest, police typically go to the prosecutors to present their case. If the prosecutors decide to file a case against you, they can then go to a judge to get an arrest warrant. The arrest warrant signals the investigation is complete enough for the police and prosecutors to believe you are guilty of a crime. An arrest warrant also typically means the charges have already been filed in court against you.

Can a Lawyer Find Out if You Are Being Investigated?

If you believe there is any indication police are investigating you, call an attorney, as they will know how to tell if you are under investigation. While a lawyer cannot go right into the police station and insist on viewing all the evidence against you, they can inquire with their connections in the local prosecutor’s office and police department whether or not there is an open investigation into a particular crime. Your attorney may also question those who have spoken with the police to determine how much evidence the investigators may have collected against you.

Some Suspects May Receive a Target Letter

While police do not always notify you that you are under investigation, in some cases, they may send a target letter informing the suspect that they are the subject of investigation. If you receive such a letter, it is a sign there is already a good amount of evidence against you, so you should contact a defense lawyer immediately to protect your rights. The target letter will also often tell you that you are expected to speak with the prosecutor, which you should absolutely not do without an attorney present.

How Long Can You be Put Under Investigation?

Technically, there is no limit to how long officers can investigate a crime. However, in most cases, they will not waste time investigating cases once they can no longer file charges, so they will only continue to investigate a crime as long as the statute of limitations is open.

While murder charges can be investigated for decades, the statute of limitations for most felony offenses is only three years, so investigations for these crimes will typically be completed in this time. In some cases, officers may investigate a crime that is already outside the statute of limitations to uncover evidence that may apply to another related case where prosecutors can still file charges.

Can You Refuse to Cooperate With an Investigation?

Yes. While movies and TV shows like to infer that refusing to cooperate will open you up to obstruction charges, you are not required to help police uncover evidence of a crime. In reality, cooperating will often not help a suspect but just make things worse for them.

It is hardly ever advisable to speak to the police, especially without an attorney. Many cases are proven with only the admissions or confessions of a suspect, often without the individual even knowing that the police were investigating him. Unfortunately, getting a confession thrown out can be difficult.

What to do When You Are Under Investigation

The first thing to do when police are investigating you is to speak with a criminal defense attorney. Hiring a knowledgeable lawyer will create a barrier between you and the police. Your attorney can also begin a pre-file investigation to uncover information to backup your defense. In some cases, this may even mean hiring a private investigator to dig deeper into the circumstances surrounding your case. Sometimes, these investigations may even uncover enough evidence to convince the district attorney not to file charges.

While being investigated, always remember the following:

• Police can legally lie during investigations
• You need to take advantage of your right to silence
• Learn, memorize, and always invoke your rights when dealing with the police
• Never consent to a warrantless search of your property
• Do not delete any potential evidence
• Avoid discussing the case or any related matters over the phone

If you have important information to prove your innocence, your attorneys can provide this information to the police. Always discuss the situation with your lawyer before agreeing to speak with the police.

If you notice any signs you are under criminal investigation, please call attorney Peter Liss immediately. You can schedule a free consultation by calling (760) 643-4050 to schedule a free initial consultation.