What to Do if You’re Investigated but Not Yet Charged in Maryland

Many people often think that arrests mainly happen at or near the scene of a crime. Police may believe that someone is driving under the influence, or may observe a crime being committed while on patrol. In these situations, police stop the offenders and arrest them. However, this is not the only way people are arrested. People can also be investigated by law enforcement officials, whether they are aware of it or not, before an arrest is made.

In these instances, evidence may be presented to a grand jury, which differs vastly from other criminal juries that are often seen in the media and entertainment industry. Grand juries determine if law enforcement and the prosecution have presented sufficient evidence to determine if there is probable cause to charge someone with committing a crime. The threshold for an indictment at this stage is not very high. If you believe you are being investigated, it is critical to know what to do next. Below, our Maryland criminal defense lawyer explains what these are.

How do grand juries work?

If the alleged offense is a state crime, the Office of the State’s Attorney presents evidence to 23 people who make up a grand jury. A U.S. Attorney will present evidence to a grand jury if the alleged offense is a federal crime. Generally, you won’t be notified that a grand jury is hearing evidence, and you (and your attorney) are not present during grand jury deliberations or voting. However, you may learn of a grand jury investigation if you receive a subpoena or other contact related to it. If a minimum of 12 jurors believe there is probable cause that you committed the crime, they will sign what is known as a ‘true bill,’ which then becomes the indictment.

Your first indication that you were being investigated may be in the form of an arrest warrant or summons that follows the indictment. However, many people under investigation are aware of it, as law enforcement may ask your family members, friends, and even co-workers for information they may be able to use against you. When there is an indication that you are being investigated, it allows you time to prepare.

The difference between indictments and information

Criminal indictments are issued by a grand jury when a majority of jurors believe there is sufficient evidence to charge someone with a criminal offense. Indictments are used more often in cases involving serious crimes such as drug trafficking, homicide, burglary, and white-collar crimes. However, both felony and misdemeanor charges can be filed after an indictment or criminal information.

Not all investigations end with a grand jury making the decision to proceed with a trial. In Maryland, state law also allows prosecutors to file criminal information. A criminal information document is a formal charge by the State’s Attorney. They provide for a faster way to prosecute, and they do not require a grand jury.

What to expect after an indictment

After an indictment, your case may proceed quite quickly. During the court process, you can expect the following:

• The arraignment: Your arraignment is one of the first court appearances to be scheduled in your criminal case. This hearing is meant to formally notify you of the charges against you and to explain your rights. For example, you will be informed of your right to a Maryland criminal defense lawyer.
• Discovery: Discovery is often the longest part of any trial. During this phase, your defense lawyer will obtain evidence from the prosecution that they intend to use against you. This is a critical step when preparing your defense.
• Pretrial motions: Your defense lawyer may file a number of pretrial motions to suppress evidence or challenge certain procedures or even the actual indictment.
• The trial and plea negotiations: Your lawyer may negotiate a plea agreement with the prosecutor on your behalf. This allows you to receive a less severe sentence in exchange for pleading guilty, often to a lesser crime. If your lawyer and the prosecution cannot reach an acceptable plea deal, your case will proceed to trial. Plea negotiations can continue throughout the trial.

Is it possible to challenge an indictment?

It is important to remember that an indictment does not mean you have been convicted of a crime. With the help of a lawyer, you can still build a strong defense and even challenge the indictment. Some of the most common reasons to challenge an indictment include:

• The grand jury was not given proper legal instructions.
• The grand jury secrecy rules, under Maryland Rule 4-642 for state crimes or the Federal Rule of Criminal Procedure 6(e), for federal offenses, were violated, including when certain matters presented to the grand jury were disclosed.
• Misconduct by the prosecution.

A strong and aggressive legal defense often starts with challenging the indictment.

Steps to take if you are under investigation

If you believe that you are being investigated, it is critical to speak to a criminal defense lawyer as soon as possible. If a law enforcement officer or agent contacts you for questioning, you may implicate yourself in a criminal matter without the help of an attorney. Contact a Maryland criminal defense lawyer before you make any statements or agree to cooperate with any investigation. Even seemingly innocent statements can be taken out of context and used against you.

Also, be mindful of anything you say to your friends, family members, co-workers, and anyone else. Any agency investigating you may learn of these statements and use them against you, either in front of a grand jury or at trial.

It is also critical to start collecting evidence and locating witnesses who can help prove your innocence. Discuss possible defenses, such as mistake of fact or an alibi, with your criminal defense lawyer. If the alleged crime happened at a specific time and in a specific location, being able to show that you were in another location at the time of the offense can provide a very strong defense.

Just as there are important steps to take when you are under investigation, there are also some things you should avoid. For example, do not try to influence, intimidate, or corruptly persuade witnesses, or induce anyone to testify falsely or avoid a subpoena; have your attorney handle witness contact and investigation. Also, do not destroy any evidence you think may be used against you. Tampering with witnesses and destroying evidence are all serious mistakes that could significantly harm your case. These efforts are often discovered by law enforcement and the prosecution and will be used against you to cast suspicion on your credibility. You could also face additional criminal charges.

Call our criminal defense lawyer in Maryland for legal help today

Being under any type of criminal investigation is extremely stressful. At Carey Law Office, our Maryland criminal defense lawyer can advise on the next steps to take, build a strong case to minimize the outcome, and protect your rights at all times. Call us now or contact us online to schedule a consultation and to learn more about how we can help.