What Are the Steps to Take if You Are Being Investigated for a Crime in New York?

By max@dotcomlawyermarketing.com
July 8, 2024
10 min read
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What Are the Steps to Take if You Are Being Investigated for a Crime in New York?

If you've found yourself in the crosshairs of a criminal investigation in New York, you're probably feeling overwhelmed, anxious, and unsure of what to do next. We get it. At Spodek Law Group, we've helped countless clients navigate the treacherous waters of criminal investigations. Let's break down the essential steps you need to take to protect yourself and your future.

Understanding the Investigation Process

First things first - let's talk about what a criminal investigation actually looks like in New York. It's not always as dramatic as TV shows make it out to be, but it's still a serious matter that requires your full attention.

Types of Investigations

There are generally two types of criminal investigations you might encounter:
  1. Police Investigations: This is the most common type. The NYPD or other local law enforcement agencies conduct these investigations for state crimes.
  2. Federal Investigations: These are conducted by agencies like the FBI, DEA, or IRS for federal crimes. They're often more complex and far-reaching.
Regardless of the type, the goal is the same: to gather evidence that could potentially be used against you in court. That's why it's CRUCIAL to take the right steps from the very beginning.

Signs You're Under Investigation

Sometimes, it's obvious you're being investigated - like if the police show up at your door with a search warrant. But other times, the signs can be more subtle. Here are some red flags to watch out for:
  • You receive a target letter from a prosecutor
  • Law enforcement officers contact your friends, family, or coworkers
  • You notice unusual surveillance around your home or workplace
  • You're asked to come in for questioning or to "clear things up"
If you notice ANY of these signs, it's time to take action. Don't wait until it's too late!

Step 1: Keep Calm and Don't Panic

We know it's easier said than done, but try to stay calm. Panicking can lead to rash decisions that could hurt your case later on. Remember, being investigated doesn't automatically mean you'll be charged with a crime. Take a deep breath and focus on taking the right steps to protect yourself.

Step 2: Exercise Your Right to Remain Silent

You've heard it on TV a million times, but it bears repeating: You have the right to remain silent. This isn't just a catchy phrase - it's a fundamental constitutional right that can make or break your case.Here's why it's so important:
  • Anything you say can be used against you in court
  • Even innocent statements can be misconstrued or taken out of context
  • You might accidentally reveal information that leads to more evidence against you
So, what should you do if law enforcement tries to question you? It's simple:
  1. Politely but firmly state that you're exercising your right to remain silent
  2. Tell them you want to speak to an attorney before answering any questions
  3. REPEAT these statements if they continue to press you
Remember, you're not being rude or uncooperative - you're protecting your legal rights. And that's EXACTLY what you should be doing at this stage.

Step 3: Don't Consent to Searches

Just like you have the right to remain silent, you also have the right to refuse searches of your property. This includes your home, your car, your office, and even your electronic devices.Why is this important? Because if law enforcement doesn't have a warrant, they need your consent to conduct a search. And once you give that consent, you can't take it back.Here's what to do if law enforcement asks to search your property:
  1. Ask if they have a warrant
  2. If they don't have a warrant, politely but firmly refuse the search
  3. If they do have a warrant, ask to see it and read it carefully
  4. Even with a warrant, state that you do not consent to the search (this can be important later if there are issues with the warrant)
Remember, refusing a search doesn't make you look guilty - it makes you look like someone who knows and exercises their rights.

Step 4: Hire an Experienced Criminal Defense Attorney

This is perhaps the MOST IMPORTANT step you can take. As soon as you suspect you're under investigation, you need to contact an experienced criminal defense attorney. And not just any attorney - you need someone who specializes in criminal defense and has experience with cases similar to yours.At Spodek Law Group, we have decades of experience defending clients against all types of criminal charges in New York. We know the ins and outs of the legal system, and we're not afraid to go toe-to-toe with prosecutors to protect our clients' rights.Here's why having an attorney early in the process is so crucial:
  • We can advise you on what to say (or not say) to investigators
  • We can be present during any questioning to ensure your rights are protected
  • We can start building your defense strategy from day one
  • We can negotiate with prosecutors, potentially avoiding charges altogether
Don't wait until you're formally charged to seek legal help. The earlier we get involved, the more we can do to protect you.

Step 5: Preserve Evidence

While it might be tempting to delete emails, texts, or social media posts that you think might be incriminating, DON'T DO IT. Destroying evidence is a crime in itself and can lead to additional charges.Instead, focus on preserving any evidence that might be helpful to your case. This could include:
  • Emails or text messages that support your side of the story
  • Financial records that show you weren't involved in any illegal activity
  • Witness statements that corroborate your version of events
Your attorney can help you identify and preserve relevant evidence. Remember, what might seem unimportant to you could be crucial to your defense.

Step 6: Be Careful What You Say and Who You Talk To

In the digital age, it's easier than ever for investigators to gather information about you. That's why it's crucial to be careful about what you say and who you talk to during an investigation.Here are some dos and don'ts:
Do Don't
Limit your social media activity Discuss the investigation on social media
Be cautious about who you talk to about the case Lie to investigators or anyone else about the case
Consult with your attorney before making any statements Try to contact potential witnesses
Keep your conversations about the case private Destroy or alter any potential evidence
Remember, even conversations with friends or family members could potentially be used against you. When in doubt, consult with your attorney first.

Step 7: Understand the Grand Jury Process

If you're being investigated for a serious crime in New York, you might encounter the grand jury process. This is a crucial stage in the criminal justice system, and it's important to understand how it works.

What is a Grand Jury?

A grand jury is a group of citizens who hear evidence presented by prosecutors and decide whether there's enough evidence to bring formal charges against a suspect. Unlike a trial jury, a grand jury doesn't determine guilt or innocence - they only decide if there's probable cause to believe a crime was committed.

Grand Jury Subpoenas

If you receive a grand jury subpoena, it means you're being called to testify before the grand jury or provide documents or other evidence. This is a serious matter that requires immediate attention from your attorney.Here's what you need to know about grand jury subpoenas:
  • They're legally binding - ignoring one can result in contempt charges
  • You have the right to assert your Fifth Amendment right against self-incrimination
  • Your attorney can't be present in the grand jury room with you, but can advise you outside
If you receive a grand jury subpoena, contact us IMMEDIATELY. We can help you navigate this complex process and protect your rights.

Step 8: Consider Cooperation (But Only With Legal Advice)

In some cases, cooperating with investigators might be in your best interest. This could potentially lead to reduced charges or even no charges at all. However, this is a delicate decision that should ONLY be made with the advice of your attorney.Here's why:
  • Cooperation without legal protection could lead to self-incrimination
  • Prosecutors might use your cooperation to gather more evidence against you
  • Without proper agreements in place, you might not receive any benefits for your cooperation
At Spodek Law Group, we can help you weigh the pros and cons of cooperation and negotiate with prosecutors on your behalf. We'll make sure that if you do cooperate, it's in a way that protects your rights and serves your best interests.

Step 9: Prepare for Possible Arrest

While we hope it doesn't come to this, it's important to be prepared for the possibility of arrest. If you're arrested:
  1. Remember your right to remain silent
  2. Ask for an attorney immediately
  3. Don't resist arrest, even if you believe it's unjustified
  4. Don't discuss the case with anyone other than your attorney
If you're a client of Spodek Law Group, call us as soon as possible after an arrest. We'll spring into action to protect your rights and start building your defense.

Step 10: Stay Patient and Trust the Process

Criminal investigations can be lengthy and stressful. It's important to stay patient and trust in the legal process. With the right attorney by your side, you can navigate this challenging time and work towards the best possible outcome.At Spodek Law Group, we're committed to standing by our clients every step of the way. We know how overwhelming a criminal investigation can be, and we're here to provide the support and expert legal guidance you need.

Why Choose Spodek Law Group?

When you're facing a criminal investigation in New York, you need more than just a lawyer - you need a fierce advocate who will fight tirelessly for your rights. That's exactly what you'll get with Spodek Law Group.Here's why we're the right choice for your criminal defense:
  • Experience: With decades of experience in criminal defense, we've seen it all. There's no case too complex for our team.
  • Expertise: We specialize in criminal defense, staying up-to-date on the latest laws and legal strategies.
  • Dedication: We're available 24/7 for our clients. When you need us, we're there.
  • Results: We have a track record of successful outcomes for our clients, from case dismissals to reduced charges.
  • Personalized Approach: We treat each case as unique, developing tailored strategies for each client's specific situation.
Don't face a criminal investigation alone. Let Spodek Law Group be your shield and your sword in the legal battle ahead.

Contact Us Today

If you're under investigation for a crime in New York, don't wait. Every moment counts. Contact Spodek Law Group today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a free consultation.Remember, being investigated doesn't mean you're guilty. With the right legal team on your side, you can protect your rights, your freedom, and your future. Let us help you navigate this challenging time and fight for the best possible outcome.Don't let a criminal investigation derail your life. Take action now and give yourself the best chance at a positive resolution. Call Spodek Law Group - we're here to help.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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