Anyone who likes watching cop shows or listening to true crime podcasts has probably heard the term "person of interest," but many have never stopped to think about what it might feel like to actually be named one in a criminal case. This designation means that the police investigating a crime believe you have information that could be helpful to their investigation. It does not mean you are a suspect, although it can put you under the spotlight and you may be unsure about your legal obligations. A knowledgeable Wheaton, IL criminal defense lawyer can help you navigate this situation while protecting your rights.
"Person of interest" is not actually a formal legal designation, but it is a term that law enforcement officers use to describe someone who is under scrutiny as they investigate a crime. This is not the same as a suspect, who they believe may have committed the crime. Instead, it might be someone connected in some way to the case, a suspect, the victim, or someone who might, for some other reaso,n have information that could help solve the case.
The moment someone is considered a suspect in a case, there are various legal rights the police need to abide by. Since a person of interest is not officially a suspect but merely someone the police want to speak with or observe, he is not afforded the same protections. That is why police sometimes call someone a person of interest before they are ready to designate them as a suspect. If you are named as a person of interest in a case, you should assume that you are essentially under suspicion and proceed with caution.
To ensure that your rights are protected during a criminal investigation, even if you are only named as a person of interest and not a suspect, you should make sure to keep the following in mind:
Hire a trusted lawyer: You should do this as soon as possible once you find out you are a person of interest in a case. You can tell the police that you will not speak to them without your lawyer present, in keeping with your Fifth Amendment rights. They might try to convince you that they just have a couple of questions to ask or that speaking with them on your own will just make things easier, but getting everything done quickly is not your priority; keeping yourself protected is. The best way to do that is by making sure you have legal representation dedicated to your rights.
Refuse unwarranted searches: Police might ask to look around your car, home, or even your phone or laptop. If they come with a warrant, you need to comply or face being held in contempt. Otherwise, you can politely but firmly refuse and consult with your lawyer about what to do.
Do not discuss the case: You should always share any information relevant to your case with your lawyer. Other than that, try not to discuss it with anyone else, including family, friends, and coworkers. Even if they do not intend to get you into trouble, they could be called on as witnesses, and things you have shared about the case can be taken out of context and make you appear guilty.
If you are named as a person of interest in a criminal case, do not let yourself be fooled into thinking you have nothing to worry about. The police might actually suspect that you have something to do with what happened, and you should proceed accordingly. The experienced Wheaton, IL defense attorney at Davi Law Group, LLC can review the case and work hard to protect your rights. Call us at 630-580-6373 to hear more about how we can help.