Criminal Investigations

The process typically begins with a criminal complaint or detailed incident report, which is followed by the assignment of a dedicated investigator within the Metropolitan Police Department (MPD). Depending on the nature of the allegation, specialized units “such as violent crimes, narcotics, or financial crimes” may become involved to leverage specific expertise. Upon completion of the police investigation, the case is either closed, dismissed due to insufficient evidence, or formally referred to the U.S. Attorney’s Office for prosecution. In Washington D.C., most serious felony prosecutions are handled federally, meaning the police investigation directly feeds into this critical decision-making process.

If you are detained for questioning as part of a criminal investigation, D.C. police are obligated to inform you of your Miranda rights, which prominently include the right to remain silent and the right to legal counsel. Any statement made voluntarily, even before formal arrest, can be recorded and later submitted as evidence in court proceedings. Investigators also gather physical evidence, interview witnesses, or conduct scene reconstructions to build the official file. You may also be asked to provide materials voluntarily, but any submission can be used against you in a court of law, making caution essential during a police investigation.

Begin by clearly identifying the exact nature of the allegations you are facing or being questioned about. You may request limited information from the investigator to understand the scope of the police investigation, though formal charges are typically disclosed only after arrest or a formal complaint has been filed. Crucially, a qualified defense attorney should be consulted before attending any formal or informal police interview. In D.C., a lawyer may legally accompany you even during preliminary questioning, which helps mitigate risks of self-incrimination or procedural missteps during the sensitive early stages of the criminal investigation.

Respond to investigators' questions with clarity and precision. If you do not fully understand a question being asked, state so, for example: "I don't fully understand the question—could you please clarify?" Avoid speculation by stating factual limits like: "I don’t recall" or "I’m not sure about that." Documents provided voluntarily can become prosecution's evidence, so consult with your attorney before submission, as providing materials without a subpoena is often not recommended during a police investigation.

Maintaining composure and respectful conduct is vital throughout the police investigation. Even if pressed repeatedly by investigators, control your emotions and focus on providing only clear, factual information that is directly responsive to the questions asked. The following checklist is designed to help guide your behavior when providing an official statement to D.C. authorities:

Your right to remain silent is a constitutionally protected safeguard that is always available to you during a D.C. criminal investigation. If a question addresses a sensitive or confusing issue, you may simply and firmly state: “I choose to remain silent on this issue.” Exercising this right does not legally imply guilt and is fully protected under the U.S. Constitution and D.C. criminal procedure law.

As a suspect in a criminal investigation, you are entitled to substantial legal protections. These include the fundamental Right to Counsel, which grants you the ability to have an attorney present before and during any questioning. Furthermore, the Right Against Self-Incrimination allows you to refuse to answer any question that may lead to your detriment. Officers are legally obligated to ensure you are fully informed of these rights at the start of a custodial interview. Finally, you retain the important Right to Review Written Statements, allowing you to read or amend your official statement before you sign it and affirm its contents during the police investigation.

While witnesses are generally not the target of the police investigation, they also have rights that should be asserted. Importantly, you are generally not required to answer questions without first seeking advice, and it is highly recommended you consult with counsel. You may refuse to disclose private or sensitive information unless you are formally compelled to do so via a subpoena issued by the court. In cases involving minors or particularly sensitive crimes (e.g., sexual abuse), the D.C. system offers additional protective measures, such as the availability of support persons or the use of trauma-informed interviewers throughout the process of the criminal investigation.