Should I Hire a Criminal Defense Attorney Before I’m Charged in North Carolina?

You do not have to wait until you are arrested or formally charged with a crime to speak with a criminal defense attorney. In many cases, contacting an attorney while an investigation is still underway can be one of the most important decisions you make.

If a detective has called you, police have asked you to “come in and answer a few questions,” you have learned that someone made an accusation against you, or you have reason to believe criminal charges may be coming, this is often the time to contact a lawyer, NOT AFTER CHARGES HAVE BEEN FILED.

Our experienced criminal defense attorney can help you understand what investigators may be looking for, advise you about what you should and should not say, communicate with law enforcement on your behalf, and begin protecting your interests before the investigation progresses further.

At Jetton & Meredith, our criminal defense attorneys regularly represent people at every stage of the criminal process, including individuals who have not yet been charged with a crime.

Can I Hire a Criminal Defense Attorney Before I Have Been Charged?

Yes.

You can contact and retain a criminal defense attorney when you believe you are under investigation, even if you have not been arrested, served with a warrant, or formally charged.

In fact, there can be significant advantages to involving an attorney early.

People sometimes assume that hiring a lawyer before charges are filed makes them “look guilty.” That should not be the reason you give up the opportunity to obtain legal advice. Seeking advice from an attorney is about protecting yourself and making informed decisions when the consequences could be serious.

The earlier an attorney understands what is happening, the earlier that attorney may be able to advise you about your interactions with investigators, preserve potentially important evidence, and develop a strategy for what may happen next.

A Detective Called Me and Wants to Talk. Should I Get a Lawyer?

If a detective or investigator contacts you about an alleged crime—particularly if there is any possibility that you could be considered a suspect or potential suspect—you should strongly consider speaking with a criminal defense attorney before agreeing to an interview or answering substantive questions about the allegation.

A detective may say:

• “We just want to hear your side.”

• “You're not under arrest.”

• “We only have a couple of questions.”

• “We want to clear some things up.”

• “If you didn't do anything wrong, you have nothing to worry about.”

Those statements do not necessarily tell you where you stand in the investigation.

There is also an important distinction between a custodial interrogation, where Miranda protections may apply, and a voluntary or non-custodial conversation with police. You should not assume that police must read you your Miranda rights before something you voluntarily tell investigators can become relevant to their investigation.

CMPD's own directives specifically contemplate both custodial and non-custodial interviews of suspects and potential suspects during felony investigations.

That is one reason speaking with an attorney before speaking with investigators can be so important.

Why Can Talking to Investigators Before Hiring an Attorney Be a Problem?

A common reaction is:

“I didn't do anything wrong, so I'll just explain what happened.”

The problem is that you may not know what information investigators already have, what another person has told them, or what evidence they are attempting to confirm.

You may also not know exactly what crime they are investigating.

A statement that seems harmless to you could:

• confirm part of another person's accusation;

• establish a timeline investigators were previously unable to prove;

• place you at a particular location;

• contradict a text message, video, witness statement, or other evidence;

• unintentionally create inconsistencies that investigators consider suspicious; or

• provide information that leads investigators to additional evidence.

Even truthful people can misremember dates, times, exact wording, or the sequence of events—especially when they are nervous and unexpectedly questioned by law enforcement.

Once you make a statement, you generally cannot take it back.

Can My Attorney Talk to the Detective for Me?

In many circumstances, yes.

One of the benefits of hiring an attorney during the investigative stage is that your attorney can often become the point of contact with law enforcement.

Instead of you trying to determine what to say when a detective calls unexpectedly, your lawyer may communicate with the investigator and determine what the investigation concerns.

Depending on the circumstances, an attorney may be able to:

• communicate with detectives or investigators on your behalf;

• determine whether you are considered a witness, person of interest, or suspect;

• advise you whether speaking with investigators is appropriate;

• help prevent an unplanned or unnecessary interview;

• arrange a controlled interview when speaking is strategically appropriate;

• communicate potentially important information without unnecessarily exposing you to questioning;

• begin identifying witnesses and preserving evidence;

• prepare you for the possibility of charges or an arrest; and

• advise you about what you should, and should not, do while the investigation continues.

Sometimes the best advice is not to give an interview. Other times, there may be a strategic reason to communicate information to investigators.

That decision should be based on the circumstances of the case, not on pressure you feel during an unexpected phone call from a detective.

When Should You Contact a Criminal Defense Attorney Before Charges Are Filed?

There are many situations where early legal representation may be beneficial.

1. You Are Accused of Domestic Violence or Assault

Imagine that an argument occurs between you and a spouse, partner, former partner, or family member.

Police respond, but you are not arrested that night. Later, you learn that the other person is speaking with law enforcement or considering taking out charges.

You may want to immediately call the other person, send a long text explaining what happened, contact witnesses, or call the investigating officer yourself, BUT...

Before doing any of those things, speaking with a criminal defense attorney may help you understand the potential consequences of your next move.

Domestic violence allegations can develop quickly, and communications made after the incident may become part of the evidence investigators review.

2. A Detective Contacts You About a Sexual Assault Allegation

Sex offense investigations are another area where contacting an attorney before an interview can be especially important.

An investigator may ask you to come to the station to provide “your side of the story.”

Before agreeing, you should understand what that interview could mean.

An attorney can communicate with the investigator, learn what information may be available about the allegation, advise you about whether an interview is appropriate, and begin identifying evidence that could become important to the defense.

That might include messages, social media communications, photographs, location information, witnesses, or other records.

3. You Learn That Someone Has Accused You of Theft, Fraud, or Embezzlement

Financial investigations can take place for weeks or months before charges are filed.

For example, an employer may accuse an employee of stealing company money. Management begins reviewing records and eventually contacts law enforcement.

The employee hears from a coworker that the police are asking questions.

Waiting for an arrest is not the only option.

A criminal defense attorney may be able to help the person understand the allegations, preserve relevant financial records and communications, communicate with investigators, and prepare for what may happen next.

4. Police Want to Question You About Drugs or Another Felony Investigation

Investigators sometimes contact people because their name, telephone number, vehicle, social media account, or other information surfaced during another investigation.

You may not know whether police view you as a witness or as a potential suspect.

That distinction matters.

Speaking with an attorney before answering questions can help you understand the potential risks of participating in an interview.

5. You Are Accused of a Crime at Work

Workplace allegations can involve theft, fraud, assault, embezzlement, computer-related offenses, harassment, or other accusations.

Your employer may conduct an internal investigation while law enforcement conducts a separate criminal investigation.

What you say in one setting may potentially become relevant in another.

Having a criminal defense attorney involved early can help you evaluate the criminal implications before making decisions based solely on your employment concerns.

6. Police Have Searched Your Home, Vehicle, Phone, or Business

If law enforcement executes a search warrant but does not immediately arrest you, that does not necessarily mean the investigation is over.

Investigators may still be reviewing electronic devices, financial records, communications, photographs, or other evidence.

This is a strong reason to contact an attorney promptly.

7. You Believe Someone Is About to Take Out Criminal Charges Against You

Sometimes you know an accusation is coming before law enforcement ever contacts you.

A former partner may threaten to report you. A business dispute may escalate into allegations of fraud or theft. Someone involved in an altercation may tell others they intend to press charges.

You do not necessarily need to wait and see what happens.

Speaking with an attorney early allows you to understand what the potential charges could be and what steps you should take now.

What Should I Do If I Think Criminal Charges Are Coming?

Every situation is different, so there is no universal strategy. However, there are several things you should discuss with an attorney before taking action.

Do not assume you need to explain yourself immediately. You may feel an overwhelming urge to tell investigators your side. Get legal advice first.

Do not delete potential evidence. Text messages, photographs, emails, social media messages, videos, financial records, and other information could become important. North Carolina law also specifically criminalizes certain conduct involving altering, destroying, or stealing evidence relevant to a criminal offense or court proceeding.

Be extremely careful about contacting an accuser or potential witness. Attempts to persuade, pressure, threaten, or improperly influence witnesses can create serious additional problems. North Carolina law separately addresses intimidation or interference with witnesses.

Do not post about the situation online. A Facebook post, Instagram story, TikTok, text message, or DM may eventually become evidence.

Contact an experienced criminal defense attorney and explain exactly what has happened. Your attorney can help determine what should happen next.

Do I Have to Talk to the Police If They Call Me?

Whether you are legally required to provide particular information or comply with a particular order depends on the circumstances. But receiving a phone call from a detective asking you to voluntarily answer questions is not the same thing as receiving a court order or subpoena.

This is precisely why you should avoid guessing about your obligations.

If an investigator contacts you, you can tell the investigator that you want to speak with an attorney before answering questions and then contact a criminal defense lawyer.

North Carolina appellate decisions addressing custodial interrogation also illustrate why an individual should clearly communicate when they want an attorney rather than assuming officers understand that they may want one.

Why Hire Jetton & Meredith Before Criminal Charges Are Filed?

Hiring an attorney during an investigation requires a somewhat different approach than hiring an attorney after a routine charge has already been filed.

There may not yet be a police report available to review. There may not be a court date. There may not even be a formal allegation that has been disclosed to you.

The attorney has to know how to operate during that uncertainty.

Experience With Criminal Investigations Matters

Not every attorney who handles criminal cases has the same level of experience dealing with law enforcement, prosecutors, serious felony investigations, or cases that may ultimately proceed to trial.

At Jetton & Meredith, criminal defense is a core part of our practice.

Our criminal defense team includes attorneys with experience on multiple sides of the criminal justice system, including former prosecutors and attorneys with extensive courtroom experience. That perspective can be particularly valuable when trying to understand what investigators may be doing before charges are filed.

Local Charlotte Experience Matters

A lawyer's knowledge should extend beyond simply knowing the statute involved.

Our firm has deep roots in Charlotte, and our attorneys regularly handle criminal matters in Mecklenburg County, Cabarrus, Union, Gaston, Iredell, and throughout the surrounding area.

That means our attorneys understand the local court system and have experience dealing with the agencies, prosecutors, procedures, and practical realities that can affect criminal cases in this area.

Early Representation Is About Strategy, Not Just Showing Up in Court

Some criminal defense practices primarily become involved after someone has already been arrested and received a court date.

Our approach can begin earlier.

When appropriate, we can communicate with investigators, evaluate potential exposure, help preserve evidence, advise clients about communications, and prepare for the possibility of charges.

The goal is not simply to wait for something bad to happen and then react.

It is to put the client in the strongest position we reasonably can based on the information available.

Experienced Criminal Defense Attorney vs. Waiting Until You Are Charged

Hiring an attorney early cannot guarantee that charges will not be filed.

But it can mean that you have someone protecting your interests while important investigative decisions are still being made.

Can a Lawyer Stop Criminal Charges From Being Filed?

Sometimes people contact us hoping that hiring a lawyer will automatically make an investigation disappear.

No attorney can ethically promise that.

Law enforcement and prosecutors ultimately make decisions based on the evidence and applicable law.

However, there are situations where early intervention can matter.

An attorney may identify information that investigators have not considered, correct a significant misunderstanding, provide relevant evidence, communicate with law enforcement, or otherwise advocate for a client before a charging decision is made.

Even when charges cannot be avoided, early representation can give the defense additional time to understand the allegations, preserve evidence, and prepare.

What If I Am Innocent? Do I Still Need a Lawyer?

Potentially, yes.

Innocence does not necessarily make navigating a criminal investigation simple.

Investigators may have received incomplete or inaccurate information. Witnesses can disagree about what happened. Electronic messages can be interpreted without context. Two people can remember the same encounter differently.

You also may not know exactly what you are being accused of when investigators first contact you.

An attorney's job is not to manufacture a defense. It is to make sure your rights and interests are protected while the facts are being investigated.

Frequently Asked Questions About Hiring a Lawyer Before Criminal Charges

Can I hire a lawyer even if I haven't been arrested?

Yes. You do not need to wait for an arrest or formal criminal charge to consult or retain a criminal defense attorney.

Should I talk to a detective if they say I am not a suspect?

Consider speaking with an attorney first. Your status in an investigation can change, and you may not know all of the information investigators already possess.

Does hiring a lawyer make me look guilty?

Hiring an attorney means you are obtaining legal advice before making decisions that could have serious consequences. Fear about how hiring counsel might “look” should not prevent you from protecting your legal interests.

Can my attorney tell the police I don't want to be interviewed?

Depending on the circumstances, an attorney can communicate with investigators on your behalf and advise them regarding your position on a requested interview.

Can a lawyer help before a warrant is issued?

Yes. Pre-charge representation can include advising a client during an investigation, communicating with law enforcement, preserving evidence, assessing potential charges, and preparing for the possibility of an arrest or warrant.

How soon should I call a criminal defense lawyer if I think I am being investigated?

Generally, the sooner you obtain advice, the more opportunities your attorney has to help you avoid preventable mistakes. If police have contacted you, searched your property, asked to interview you, or you have credible reason to believe an accusation has been reported, consider speaking with an attorney promptly.

Talk to a Charlotte Criminal Defense Attorney Before You Talk to Investigators

You do not have to wait until you are in handcuffs, standing before a judge, or looking at a court date to hire a criminal defense lawyer.

Sometimes the most valuable conversation with an attorney happens before any of those things occur.

If you believe you are under investigation, have been contacted by a detective, have been asked to come in for questioning, or believe someone may be pursuing criminal charges against you, contact Jetton & Meredith before you decide what to say or do next.

Our Charlotte criminal defense attorneys can evaluate the situation, explain your options, and determine whether it makes sense for us to communicate with investigators on your behalf.

If investigators want to hear your side of the story, you should know your legal position before you decide how—or whether—to tell it.

This article is provided for general informational purposes and is not legal advice. Every criminal investigation is different. Reading this article does not create an attorney-client relationship.