Many people believe that getting arrested is always the first step in the New Jersey criminal justice system. But if you’ve been contacted by law enforcement officials regarding a pre-arrest investigation in Middlesex County NJ, you know firsthand this belief isn’t accurate.
It’s crucial that you understand what’s at stake during this phase. The things you say and do here can potentially determine whether the police decide to arrest and charge you.
Most importantly, you need to be aware that working with a skilled, reliable NJ criminal defense lawyer can make all the difference.
That’s why I put together this complete guide to navigating a pre-arrest investigation in Middlesex County NJ. With over 25 years of experience defending clients in this exact situation, I want to help you make well-informed decisions throughout the legal process.
Understanding Pre-Arrest Investigations
As I mentioned above, getting arrested isn’t always the first step in the Middlesex County legal system. Many cases start with a pre-arrest investigation.
Basically, when law enforcement suspects someone has committed a crime, they can conduct a formal investigation to gather more evidence and decide whether to proceed with charging that person.
The police are allowed to gather this evidence in several ways:
- Surveillance – Officers may monitor your activities, your workplace, or your neighborhood without your knowledge, including through cameras.
- Interviews and questioning – The police will likely interview potential witnesses and suspects to get a clearer understanding of the alleged crime.
- Collecting evidence – Physical evidence that’s relevant to the case is collected and registered in the system. This can also include ensuring digital data, such as files or text messages, don’t get deleted.
- Consulting with experts – Officials may also reach out to forensic experts to get help with analyzing DNA, fingerprints, or any evidence that needs to be scientifically evaluated.
Throughout the investigation, the goal is to get enough evidence to build a solid case that justifies your arrest. If there’s insufficient evidence against you, no charges will be filed.
What to Expect During a Pre-Arrest Investigation in Middlesex County NJ
Here’s how things typically unfold during a pre-arrest investigation:
1. Initial Contact with Law Enforcement –
- You and others in your area may be under surveillance. Depending on what you’re suspected of, this may be a continuous, discreet process.
- You might be contacted regarding a formal interview. Officers can show up at your home or workplace, or ask you to come to the police station. You have the right to request a lawyer before the interview.
2. Searches and Seizures –
- The police can obtain a warrant to search your property. Always ask to see the warrant before consenting to a search.
- With a warrant, the police are legally permitted to seize relevant evidence. This can include documents, computers, or any other physical evidence.
3. Detention for Questioning –
- As part of your questioning, you may be temporarily detained. This is meant to be a brief period. At this stage, you have the right to remain silent and the right to an attorney.
- If you’re detained, the police are legally obligated to provide the Miranda warning, more commonly known as your Miranda rights.
4. Potential Outcomes –
- If there’s sufficient evidence, charges will be filed against you. This leads to a warrant for your arrest and potentially a trial.
- For serious offenses, the evidence will be presented to a grand jury. They decide whether to issue an indictment, which means you’ll be formally charged with a crime.
- The best-case scenario is that no charges are filed due to a lack of evidence. Working with an NJ criminal defense lawyer like myself gives you the best chance of achieving this.
How a NJ Criminal Defense Attorney Can Help
When you work with a reliable, experienced NJ criminal defense attorney like myself, my top priority is helping you navigate the legal system while working to achieve the best possible outcome for your case.
First, we’ll talk about any fears or concerns you have about the investigation. It’s normal to feel panicked, anxious, and overwhelmed—which makes it challenging to make rational decisions on your own.
I’ll walk you through the potential consequences of the investigation and, more importantly, our potential defense strategies. If law enforcement officials want to detain or question you at any point, I’ll be by your side the entire time.
Throughout the process, I’ll advise you on what to do and say in order to minimize the likelihood of being charged with a crime. I’ll also ensure your rights are protected every step of the way.
Pre-Arrest Investigation FAQs
Can you be detained during a pre-arrest investigation in Middlesex County, NJ?
Yes, depending on the circumstances, you can legally be detained during a pre-arrest investigation in Middlesex County, NJ.
As a fictional example, let’s say someone is suspected of drug trafficking. In this scenario, police received a tip about trafficking activities in their neighborhood.
The police then conduct surveillance and interviews across the neighborhood. At a certain point, they need the evidence corroborated. This is when they might detain someone.
This may include the individual being detained and then brought to a police station for a formal interview. So, while detention is possible in a pre-arrest investigation, it’s not 100% guaranteed.
What are the potential legal consequences of a pre-arrest investigation?
The potential legal consequences of a pre-arrest investigation include:
- Being detained for further questioning by law enforcement officials
- Having a warrant issued for your arrest
- Being formally charged, arrested, and booked
- Being indicted by a grand jury
- Being held on bail or detained until your criminal trial
- Getting sentenced to fines, probation, and/or jail time following your trial
All in all, a pre-arrest investigation can become the first step in a long journey through the NJ legal system. Hiring a lawyer as soon as you’re aware of the investigation can help you minimize the likelihood of facing these consequences.
What should you do if you are contacted by law enforcement for a pre-arrest investigation in Middlesex County, NJ?
If you are contacted by law enforcement for a pre-arrest investigation in Middlesex County, NJ, you should:
- Stay calm and polite, even if you believe the investigation is invalid
- Remember you have the right to request an attorney and the right to remain silent– and that it’s in your best interest to do both
- Provide basic information like your name, but no further statements
- Consider politely refusing any requests to search your property if there’s no warrant
- Write down the names and badge numbers of the police officers involved, if possible
- Contact an experienced, reliable NJ criminal defense attorney like myself as soon as possible
If you or a loved one have been contacted regarding a pre-arrest investigation, I invite you to call me, Middlesex County Criminal Defense Lawyer John B. Fabriele, III now at (732) 487-3388 for your free case consultation. With over 25 years of successful experience, I have the skills, knowledge, and resourcefulness to aggressively defend you.