Under Police Investigation in Michigan: What to Know Before You Speak to Detectives

Being investigated by law enforcement is not the same as being charged with a crime. The investigative phase is the period before a prosecutor decides whether to authorize formal charges. What you say, provide, or agree to during this window can determine whether charges are ever brought.

The Three Investigative Stages

Detectives and police officers frequently use informal designations during an investigation:

1. Witness: An individual police believe possesses relevant information about an event.
2. Person of Interest: Someone investigators want to examine more closely, though probable cause has not yet been established.
3. Target / Suspect: The individual law enforcement believes committed the offense and against whom they are actively compiling evidence for prosecution.

Crucially, these labels can change in the middle of an interview. A witness who provides an inconsistent statement can become a primary suspect in a matter of minutes.

Why You Should Not Attend an Interview Alone

Detectives are trained in specialized interrogation techniques (such as the Reid Technique) designed to obtain incriminating statements or admissions. They may suggest that speaking with them is your chance to “clear your name” or that “things will go easier” if you cooperate now.

Under the law:

• Law enforcement officers are permitted to use deception regarding evidence during interviews.
• Any statement you make can be introduced by the prosecution, but your own self-serving statements are generally inadmissible hearsay when offered by your defense at trial.
• Declining to participate in an interview without counsel is an exercise of your constitutional rights, not evidence of guilt.

How Early Counsel Protects You

Retaining defense counsel during the investigative phase allows your attorney to:

• Formally notify investigators of representation, halting direct questioning and unwanted visits.
• Manage all communications and evaluate whether providing exculpatory evidence through counsel can avert charges.
• Prevent warrantless searches and examine the validity of any search warrants.
• Coordinate self-surrender on favorable bond conditions if charges are ultimately authorized.

If detectives have reached out to you or a family member, call the Law Offices of Joseph A. Simon at (734) 887-6200 before giving any statements.