If you learn that you are under investigation for a crime, it is normal to feel a little apprehensive. The uncertainty can be difficult. During this time, law enforcement may ask questions, execute a search warrant, or contact friends or employers. For many people, these steps all add to the confusion. 

So, what happens during a Wisconsin criminal investigation before charges are filed? When you know the steps, it can be easier to make the right decisions for your case and protect your rights. Here are a few things to keep in mind. 

What Is a Criminal Investigation?

This is the process where law enforcement determines whether a crime has occurred and who may be responsible. In Wisconsin, investigations are conducted by local police departments, sheriff’s offices, state agencies, or a combination of these, depending on the nature of the alleged offense.

An investigation may begin because of a police report, a 911 call, a tip, or information uncovered during a separate investigation. At this stage, no formal accusation has been made, and no charges have been filed.

Collecting Information

During the initial phase of an investigation, law enforcement focuses on collecting information. This may include:

• Interviewing witnesses or alleged victims
• Reviewing documents, electronic records, or surveillance footage
• Collecting physical or forensic evidence
• Conducting background checks

Police may attempt to speak with you during this time. Yes, they may hint that the conversation is informal or routine, but anything you say can be documented and used later if charges are filed.

You are not required to answer questions. You have a constitutional right not to speak with law enforcement. If law enforcement has contacted you, it may be time to speak with an experienced criminal defense lawyer.

Searches and Seizures

Once the investigation progresses, law enforcement may seek evidence through searches. In many cases, police must obtain a search warrant from a judge before searching a home, vehicle, phone, or computer. 

If a search is conducted, officers must only seize items they believe are important to the investigation. 

Interviews and Interrogations

At this stage, law enforcement may request a formal interview. This can occur at a police station, at your home, or in another setting.

If you are not in custody, officers are not required to read you your Miranda rights. However, statements you make can still be used against you. If you are taken into custody and questioned, Miranda warnings must be given before an interrogation starts. 

Once again, it is in your best interest to consult with a lawyer before agreeing to any interview.

How Long Does the Investigation Phase Last?

There is no set time for how long a criminal investigation lasts. Some investigations are resolved in days or weeks, while others may continue for months.

The length of the investigation can depend on:

• The complexity of the alleged offense
• The amount of evidence involved
• Whether forensic testing is required
• The number of witnesses

During this time, it may feel like nothing is happening, but the case is actively being reviewed.

What Are Some Outcomes Before Charges?

Not every investigation leads to criminal charges. In some cases, law enforcement or prosecutors determine there is insufficient evidence. With that, the investigation is closed without additional action.

Other times, charges may be filed, and the case moves into the court system. You may learn about charges through a summons, a warrant, or an arrest.

Unfortunately, the outcome can be uncertain. Your best course of action is to talk to an attorney to protect your rights and interests before any charges are filed.

Legal Guidance Is Important

Many people believe they should wait until charges are filed before contacting a defense lawyer. However, the investigation stage is where legal guidance can be most beneficial. Your attorney can:

• Communicate with law enforcement on your behalf
• Help prevent unintentional self-incrimination
• Monitor the status of the investigation
• Advise you on how to protect your rights

When there is early involvement, that may influence how an investigation unfolds and whether charges are filed.

Protect Your Rights Before Charges Are Filed 

What happens during a Wisconsin criminal investigation before charges are filed? This phase takes place before you face any formal charges. While the process may feel intimidating, when you know what happens next, that can help you make better choices for your case.

If you believe you are under investigation, reach out to Melms Law. We can assess the situation and help you choose the next steps to protect your rights. Schedule a consultation today.