You think you’re being investigated for a crime, but you haven’t been arrested. Maybe a detective left a voicemail. Maybe someone told you the police have been asking about you. Maybe you’re involved in a situation that could turn criminal.
How do you find out you’re under investigation before you’re arrested in Arizona?
Police Won’t Tell You Directly
If you’re under investigation, the police are not going to confirm it just because you ask. In fact, they’ll often deny it to keep you off guard.
Investigations are confidential. Detectives don’t want suspects to know they’re being investigated because:
- You might destroy evidence
- You might flee
- You might contact witnesses or co-defendants
- You might lawyer up and stop talking
The only way you’ll know for sure is through indirect signs or by having a criminal defense attorney make inquiries on your behalf.
Signs You Might Be Under Investigation
Certain events should raise immediate red flags:
Police Contact You for “Voluntary” Questioning
If a detective calls, emails, or shows up asking to talk, you’re being investigated. They might say you’re not a suspect or they just need to “clear some things up.” Don’t believe it.
Police don’t waste time questioning people who aren’t suspects.
Police Contact Your Friends, Family, or Coworkers
If people you know tell you police have been asking about you, you’re under investigation.
Detectives interview people in your life to:
- Establish your whereabouts
- Gather evidence about your behavior
- Find witnesses who will testify against you
- Build a timeline of events
You Receive a Grand Jury Subpoena
In Arizona, prosecutors use grand juries to investigate serious felonies. If you receive a subpoena to testify before a grand jury, you’re either a witness or a target.
If you’re a target, the grand jury is being used to gather evidence to indict you. Do not testify without an attorney.
You’re Served with a Search Warrant
If police execute a search warrant at your home, car, or business, you’re under investigation. The search warrant itself may list the crimes being investigated.
Even if you’re not arrested during the search, charges may be filed later once evidence is analyzed.
You’re Asked to Provide DNA, Fingerprints, or Handwriting Samples
If police ask you to voluntarily provide biological samples or handwriting exemplars, they’re building a case against you.
You are not required to comply with these requests unless there’s a court order. Refuse politely and contact an attorney.
Your Bank Freezes Your Accounts
If your bank account is suddenly frozen, it may be due to a court order related to a criminal investigation (fraud, embezzlement, money laundering, etc.).
Contact your bank to find out why. If it’s related to a legal hold, hire an attorney immediately.
Can a Criminal Defense Attorney Find Out If You’re Under Investigation?
Yes, and this is the most effective way to get real information.
A criminal defense attorney can:
- Contact the detective or prosecutor handling the case
- Request information about the investigation
- Determine whether charges are likely to be filed
- Find out if an arrest warrant has been issued
Police and prosecutors are more willing to share information with attorneys than with potential suspects.
Should You Hire an Attorney Before You’re Arrested?
Absolutely. Hiring an attorney before arrest gives you the best chance of avoiding charges altogether.
Contact Law Enforcement on Your Behalf
Your attorney can reach out to the detective or prosecutor to find out what’s happening. Sometimes, they’ll confirm the investigation and explain what evidence they have.
Provide Information That Helps You
If you have evidence of innocence (alibi, receipts, communications, witnesses), your attorney can present it to the prosecutor before charges are filed.
Prosecutors are more likely to decline to file charges if they’re presented with exculpatory evidence early.
Negotiate to Prevent Charges
In some cases, your attorney can negotiate with the prosecutor to resolve the issue without criminal charges. This might involve:
- Restitution (paying back money in a theft or fraud case)
- Civil compromise (victim agrees not to press charges)
- Conditional agreements (complete counseling, community service, etc.)
If successful, the case never gets filed. You avoid arrest, avoid a criminal record, and move on with your life.
Arrange Voluntary Surrender
If charges are going to be filed and an arrest warrant will be issued, your attorney can arrange for you to turn yourself in voluntarily. This avoids the embarrassment and disruption of being arrested at work or home.
Your attorney can also arrange bail in advance so you’re released quickly.
What If You’re Contacted by Federal Investigators?
Federal investigations (FBI, DEA, ATF, IRS) are more serious and move more slowly than state investigations.
If federal agents contact you, do not talk to them under any circumstances. Federal prosecutors have more resources, longer statutes of limitations, and harsher penalties than state prosecutors.
Invoke your right to remain silent and hire a federal criminal defense attorney immediately.
Can You Be Investigated Without Knowing It?
Yes. Many investigations happen entirely without the suspect’s knowledge until an arrest warrant is issued.
This is especially common in:
- White-collar crimes (fraud, embezzlement, tax evasion)
- Drug trafficking cases (wiretaps, confidential informants)
- Sex crimes (forensic evidence analysis can take months)
- Organized crime investigations
You may not know you’re under investigation until police show up with a warrant.
How Long Can an Investigation Last Before Charges Are Filed?
Arizona’s statute of limitations sets the maximum time prosecutors have to file charges:
- 1 year for misdemeanors (ARS § 13-107)
- 7 years for most felonies
- No time limit for murder and certain sex crimes involving minors
Investigations can take weeks, months, or even years, depending on the complexity of the case.
What Should You Do If You Think You’re Under Investigation?
If you believe you’re under investigation, follow these steps immediately:
Stop Talking
Do not discuss the situation with anyone except your attorney. Don’t post on social media. Don’t talk to friends or family about it. Don’t try to contact the alleged victim or witnesses.
Anything you say can be used against you.
Hire a Criminal Defense Attorney
Contact an experienced criminal defense attorney who handles cases in Arizona. Tell them everything. They can’t help you if they don’t know the full story.
Preserve Evidence
If you have evidence that supports your innocence (text messages, emails, receipts, photos, videos), preserve it immediately.
- Screenshot text messages and emails
- Download videos or photos to a secure location
- Write down the names of potential witnesses
Give everything to your attorney. They’ll determine what’s helpful and how to present it.
Do Not Destroy Evidence
Do not delete anything. Do not throw anything away. Destroying evidence is a separate crime under ARS § 13-2809 (tampering with physical evidence).
Follow Your Attorney’s Advice
Your attorney will tell you whether to:
- Stay silent and wait
- Provide information to law enforcement
- Prepare for arrest and arraignment
- Negotiate a resolution before charges are filed
Trust their judgment. They’ve handled these situations before.
Being Investigated Doesn’t Mean You’ll Be Charged
Not every investigation results in charges. Prosecutors decline to file charges when:
- Evidence is weak
- Witnesses are unreliable
- The alleged victim refuses to cooperate
- There are legal defenses that make a conviction unlikely
Your attorney’s job is to make sure the prosecutor sees all the reasons not to file charges.
Talk to A Criminal Defense Lawyer Now
If you think you’re under investigation, don’t wait for the police to show up with a warrant. Hire an attorney now, while there’s still time to influence the outcome.
At Matthew Lopez Law, we represent clients during the pre-file stage of criminal investigations. If charges can’t be avoided, we make sure our clients are prepared. We arrange voluntary surrender, negotiate bail, and start building a defense before the case ever goes to court.
Contact us right now for a free consultation. If you’re under investigation, the decisions you make today will determine what happens tomorrow. Let’s make sure you make the right ones.