Post Arrest Investigation in Burglary Cases

After an arrest is made, it is common to have the police execute search warrants on your property, the property of those who they may suspect are involved, or a home where you may have been staying to search for evidence of your involvement in the burglary. The accused can expect that the police will continue their investigation using search warrants in order to seek out any additional evidence that would link the accused to the alleged crime

Additionally, the police will likely interview witnesses if they believe there is anyone who has any information about what happened or what was being planned. The police will also follow-up in the form of looking for videos, looking for evidence and trying to locate and speak to additional witnesses.

With these things in mind, if you believe you are being investigated for a burglary in DC, it is important to contact an experienced attorney to start a conversation on how to best defend your case. An attorney can help you better understand your rights in an investigation, as well as what to expect if you are arrested and the case is taken to court.

Investigations While in Court

Law enforcement can continue to investigate the defendant even after the burglary case depending on whether or not they need additional information to establish the case against the defendant. If law enforcement and the prosecution are still lacking witnesses or physical evidence, they will continue to do their investigation after the arrest is made and the case has gone to trial.

A post-arrest investigation is particularly common if an arrest was made right after the event. For example, if the police arrested a suspect after arriving at the scene following a 911 call or being alerted to alleged criminal activity. In these situations, because burglary is a felony, they will have arrested and held the defendant after doing an initial gathering of evidence investigation. At least for the first few days or weeks after the arrest, the police will be doing a follow-up investigation.

Representation While in Custody

In certain cases, the court continues to hold the defendant while their case is ongoing. In that situation, the attorney will continue to represent their client just like they would when not in custody. The attorney is going to have to most likely rely more on friends and family than they would otherwise, because of a lack of freedom of movement and communication.

The attorney is going to continue doing what they should be doing, which is building the defense, talking with the witnesses, using investigators to identify evidence, and serving subpoenas to speak to witnesses.

After you have been arrested, your defense attorney is the primary tool you have to ensure that you have a good defense, that your rights are being protected, and that law enforcement and/or prosecution is not overstepping or violating your rights. Your attorney is your best defense against what the government is seeking to do.

Protecting Family

If the accused has been arrested and not released on bail, it is important to engage in discussions with a lawyer in order to inform them of who your family and friends are, so that the attorney can contact them. When the attorney talks with the defendant’s family and friends, he or she will let them know that the police may be coming to talk to them, and tell them that they have no requirement under the law to speak to the police if they do not want to.

However, the prosecution may attempt to subpoena witnesses to testify in front of the grand jury, which is a different matter. If a person is called as a witness to testify before the grand jury, they must answer truthfully. However, individuals called to the stand do have the right against self-incrimination. If there is a chance that their answers will incriminate them, they could invoke their Fifth Amendment privilege against self-incrimination.

A DC burglary attorney can assist in finding anyone, for example, friends or family suspected by law enforcement, who needs proper representation with good, experienced, and qualified counsel.

Power of Attorney

If the police have a valid search warrant, the defendant is not going to be able to stop them from making a search of their belongings. Therefore, the defendant should discuss with their attorney whether or not they need to give the power of attorney to a friend or family member to legally act on their behalf. To the extent that anything needs to be challenged or retrieved, even things as simple as bank activities and mortgage payments, the accused will want to make sure that if they are kept in custody, their possessions and personal matters will be left by the wayside because no one is acting on their behalf.