Law Enforcement Investigations, Part I: The Suspect

Posted on December 8, 2025

Law enforcement investigations are the foundation of every criminal case. They determine whether charges are filed, how those charges are pursued, and ultimately, whether a conviction is secured.

At the state level, officers often file charges before their investigation is complete. They act once they believe there is “probable cause” that a specific person committed a specific crime. By contrast, at the federal level, charges are usually filed after the investigation has been thoroughly developed. This difference matters: federal conviction rates are significantly higher than state conviction rates, in large part because federal prosecutors begin with a fully built investigative record.

This contrast underscores a critical truth: the quality and timing of the investigation shapes the entire trajectory of a criminal case.

Confessions and Custody

One of the central goals of any investigation is obtaining a confession from the suspect. How law enforcement pursues that confession depends on whether the suspect is considered “in custody”:

• In Custody (not free to leave): Officers must advise suspects of their Miranda rights.
• Not in Custody (free to leave): Miranda warnings are not required, even if questioning is intense.

This distinction is why a request to “come down to the station” or “stop by the office” should immediately raise red flags. If law enforcement wants to talk to you about an investigation, that is the moment to call a criminal defense attorney.

In fact, 99% of the time, suspects should not answer law enforcement questions without counsel present. There are rare exceptions where speaking is strategically necessary—but knowing when those exceptions apply requires experienced legal guidance.

Why Early Counsel Matters

Many people, and even some lawyers, misunderstand when to involve a defense attorney. There’s an unwritten rule that you only call a lawyer after you’ve been charged. That rule is dangerously wrong.

The correct rule is this: Call a criminal defense attorney as soon as there is any possibility that charges may be filed.

From that moment forward, everything you have done, everything you will do, and everything you say becomes part of the investigation. Protecting yourself early is the difference between controlling the narrative and being controlled by it.

Key Takeaway

Law enforcement investigations are not neutral fact-finding missions—they are designed to build a case against a suspect. Understanding how investigations unfold, and securing counsel at the earliest stage, is essential to protecting your rights.

In January, Part II of Law Enforcement Investigations will explore false confessions, a critical factor in many criminal cases.”