Being charged with a crime is a serious matter. If you’re in this situation, you may be wondering what to do if you’re under criminal investigation in Fort Myers, FL. It’s normal to feel overwhelmed, but following some simple advice now can impact the outcome of your case.
Stay Quiet and Hire a Lawyer
The first thing you should do if you believe you’re under investigation is to hire a criminal defense attorney. Your attorney will understand criminal defense laws and how they apply to your case. Your lawyer will be able to provide:
- Experienced guidance
- Strategic advice
- Investigative support
- Help with negotiations
- Courtroom representation
You may think that it makes sense to cooperate with the police and that failing to do so might attract more suspicion. In fact, it makes more sense to tell them nothing until a lawyer is present. Even seemingly innocent facts can give law enforcement additional reasons to investigate and provide valuable evidence to the prosecution should you be arrested and tried for the offense. Keep quiet to the police, and don’t talk about the crime on social media or with your friends.
How to Tell You’re Under Investigation
To know when it’s necessary to hire a lawyer, you’ll first need to learn the signs that you may be under investigation for a crime. They include:
- Police questioning. Being questioned by the police doesn’t automatically mean you’re a suspect, but it can be a sign of legal trouble ahead, especially if you’re neither a victim of nor a witness to the crime.
- Surveillance. The police often conduct physical and electronic surveillance of suspects who are under investigation. If you feel like you’re being followed, don’t assume it’s paranoia. It may be law enforcement surveillance.
- Searches. If the police are trying to search your home or car, that’s a sure sign that you are under investigation for a crime. If a warrant is obtained, the prosecution already has sufficient evidence to begin building a case against you.
- Additional contact with investigators. If investigators are coming back to talk to you after you already gave them your version of the events, that’s usually a sign that you’re under suspicion.
Exercising Your Rights Under Florida Law
You have constitutional rights that you can, and often should, exercise during a criminal investigation. The Sixth Amendment gives you the right to an attorney. The Fifth Amendment helps you avoid incriminating yourself. The Fourth Amendment prevents illegal search and seizure and guarantees that the police have probable cause to search people and properties.
If any of your constitutional rights have been violated over the course of the investigation, let your lawyer know. Any evidence obtained from an illegal search and seizure or confessions made before law enforcement informs you of your rights may be inadmissible in court, which could help your case.
The Ideal Time to Hire a Criminal Defense Lawyer
Some people assume they should wait until they’ve been arrested for a crime to hire a criminal defense lawyer. In fact, that’s not the case. You are allowed to speak with a lawyer at any point in an investigation. Seeking legal counsel before any official arrest has been made will allow you to prepare for the worst. The ideal time to hire a criminal defense lawyer is as soon as you realize that you’re under investigation.
Criminal Investigations in Fort Myers by the Numbers
In 2021, the police in Lee County arrested a total of 14,489 people. Simple assault accounted for 2,348 of those arrests, and drug crimes accounted for another 1,393. DUIs were also a common reason for arrest, with 1,652 of them made in 2021.
In 2023, Fort Myers alone saw 2,396.5 crimes per 100,000 residents, including both property crimes and violent crimes. That’s slightly higher than Florida’s average of 2,153.0 and the national average of 2,324.2.
FAQs
What Happens When a Person Is Under Investigation?
When a person is under investigation, law enforcement officials and the prosecutor gather and evaluate evidence and put together a case that attempts to show that the person is guilty of the crime they are being accused of having committed. Some investigations are extremely quick, while others last for months or even years.
What Is the 33-Day Rule in Florida?
The 33-day rule in Florida is the Rule of Criminal Procedure 3.134. This rule requires prosecutors to file formal charges against arrested people within 30 days of their arrest. If no charges are filed, the person must be released by the 33rd day of their incarceration. In some limited circumstances, the state can request an extension of up to 40 days with good cause.
How Long Do Criminal Investigations Usually Take?
How long criminal investigations usually take varies on a case-by-case basis. Some investigations are extremely short, while others drag on for years. Occasionally, an investigation will take so long that the statute of limitations for the case expires. The factors that influence how long it takes to investigate a crime include the evidence, witness cooperation, and the overall complexity of the case.
What Is the Process of Criminal Investigation?
The process of criminal investigation involves collecting evidence at the scene, forensics review, interviewing victims, witnesses, and suspects, developing a theory of the crime, and identifying and arresting a suspect. While the prosecution is conducting these steps, you should be coming up with an alternative theory of the crime with your lawyer, collecting your own evidence, and preparing for trial.
Trust The Caldarone Law Group, P.A.
What to do if you’re under criminal investigation in Fort Myers, FL, should now be clear. You need to hire a criminal defense lawyer right away. You can trust the team here at The Caldarone Law Group, P.A. We have years of experience defending clients against all sorts of criminal charges. We can bring the knowledge and skill that we’ve accumulated over those years in practice to bear on your criminal defense case. Contact us to schedule an initial consultation.
