Top Mistakes People Make During a Criminal Investigation (and How to Avoid Them)

Client’s often call our office right after a police officer or detective contacts them about a criminal investigation in New Jersey. Sometimes, unfortunately, the damage has already been done because of what they’ve said or done. Remember: if police are reaching out to question you, they almost always have more information than they’re sharing – and they may already have enough to charge you with a crime in New Jersey.

Here are some of the most common mistakes during a police investigation in NJ that we see people make – and how to avoid them:

1. Talking to Police Without a Lawyer in NJ
   Many people mistakenly believe they can “clear things up” or talk their way out of trouble when police contact them in NJ. In reality, trying to explain yourself often makes matters worse. Every word you say is likely being recorded, and even seemingly harmless statements can come back to haunt you, locking you into a version of events that limits your defense. Even just admitting you were present in New Jersey could be detrimental to your case.Our recommendation: Politely but firmly invoke your right to remain silent in NJ and request an attorney immediately before answering any questions.
2. Consenting to Searches of Home, Car, or Phone
   Police are trained to persuade people into consenting to a search by saying things like “this will only take a minute” or warning that they’ll seize your property if you refuse, which could delay its return. But once you consent to a police search in NJ, you could forfeit your ability to challenge the search in court. Police will typically have you sign a consent form or record your agreement, making it difficult to contest your waiver of rights later.Our recommendation: If police don’t have a warrant, calmly refuse to consent and state that you wish to remain silent until you have your New Jersey criminal defense attorney present.
3. Contacting Victims or Witnesses During a Criminal Investigation
   When police first contact you about an investigation in NJ, your instinct may be to reach out to the alleged victim or witnesses to “clear things up” or persuade them to drop it. But doing so can lead to serious additional charges like witness tampering, harassment, or obstruction. Even indirect contact through friends or social media can be used against you. Remember: if a witness calls you, they may be recording the conversation to assist with the investigation.Our recommendation: Avoid any contact with victims or witnesses. Let your NJ criminal defense lawyer handle all communication.
4. Lying to Investigators
   Some believe that spinning a story is better than saying nothing – but lying to police during an investigation in New Jersey is a separate crime (e.g., hindering apprehension or making false statements) and almost always worsens your situation. If a police officer has contacted you, they have more information than you realize. False statements can destroy your credibility and will be used against you in court. Prosecutors can present you as untrustworthy, which can devastate your defense.Our recommendation: If you can’t tell the truth, say nothing at all. Lying to the police in NJ is far worse than staying silent.
5. Posting on Social Media About the Case
   Social media posts are a goldmine for investigators. People often vent, brag, or discuss their case online, forgetting police and prosecutors routinely monitor social media platforms. Posting on social media during a criminal investigation in NJ can be used as an admission of guilt, to show consciousness of guilt, or to attack your credibility later. Even deleted posts can sometimes be recovered.Our recommendation: Avoid posting anything related to the investigation. Make your profiles private, and if possible, stay off social media entirely until your case is resolved.
6. Speaking with Civil Investigators Without a Lawyer
   If you’re under investigation, you may get calls or visits from insurance company investigators, corporate security, or HR departments – especially if your case involves allegations like fraud, workplace misconduct, or an accident. Many people believe these conversations are just “paperwork” or “routine.” In reality, anything you say can be shared with police, prosecutors, or used against you in civil or criminal court.Our recommendation: Politely decline to answer questions and contact an experienced criminal attorney in New Jersey before speaking to any investigators – whether civil or criminal.

If Police Contact You, Call an Experienced New Jersey Criminal Defense Attorney Immediately

Don’t wait for charges to be filed – your defense starts the moment police contact you in NJ. A skilled New Jersey criminal defense lawyer can reach out to law enforcement or prosecutors to protect your rights, potentially prevent charges, negotiate reduced charges, or even secure a summons instead of a warrant to avoid arrest and jail.

Contact Lackey & Miller, LLC for a free consultation to talk about your case!