Do I Need a Lawyer If I’m Being Investigated But Haven’t Been Arrested?

If You’re Being Investigated, the Time to Get Legal Help Is Now—Not After You’re Arrested

You haven’t been arrested. You haven’t been charged. But someone made a report—or dropped your name—and now law enforcement is asking questions. Maybe they called you. Maybe they came to your door. Maybe they want you to “come in and talk.”

And you’re wondering:

“Do I really need a lawyer if I haven’t been arrested yet?”

The answer is yes, especially if you want to avoid being arrested at all.

At J. Ryan Brown Law, we help clients every day who are under investigation but not yet charged. Some of them are never charged at all—because we intervened early.

Here’s what you need to know.

Being Investigated is the First Step Toward Criminal Charges

When law enforcement suspects you of a crime, they don’t start by arresting you. They start by investigating. That might include:

• Interviewing witnesses
• Reviewing phone records or digital communications
• Collecting surveillance footage
• Running your name in reports
• Attempting to contact you directly

This is known as the pre-file stage of a case. You’re not a defendant yet—but you are a target or person of interest.

And the steps you take right now could determine whether the case gets dropped… or whether you end up in jail.

What Can Go Wrong If You Don’t Hire a Lawyer During an Investigation?

Plenty. Here’s what we see most often:

1. You Accidentally Say Something Incriminating

Even if you think you’re helping yourself by “clearing things up,” police are trained to take your words and turn them into evidence.

Something as simple as “I was just trying to help” or “I didn’t mean to” can be twisted into an admission of guilt—especially if the interaction isn’t recorded properly or taken out of context.

2. You’re Pressured Into a Voluntary Statement

Officers might say:

“We’re just trying to get your side.”
“You’re not under arrest.”
“If you’ve got nothing to hide, why not answer a few questions?”

But these “voluntary” conversations are often designed to lock you into a version of events—and they can be used against you later in court. You don’t need to be arrested for your words to come back to haunt you.

3. The State Builds a Case Without Your Knowledge

By the time many people find out they’re being investigated, law enforcement already has:

• Phone data
• Witness interviews
• Subpoenaed records
• Search warrants in motion

Without legal representation, you’re at a disadvantage. You won’t know what’s happening—or how to protect yourself from it.

What Can a Lawyer Do If You Haven’t Been Arrested?

This is one of the most important stages of your defense. At J. Ryan Brown Law, we provide what’s called pre-file representation—and it can make a massive difference.

Here’s what we do:

Intervene with Investigators

We speak directly with police or prosecutors on your behalf, so you don’t say anything that can be used against you.

Control the Narrative

Instead of letting officers or accusers define what happened, we present your version of events—strategically and with supporting evidence when possible.

Prevent Charges from Being Filed

In many cases, we’re able to show that the evidence doesn’t support a criminal charge—or that the situation doesn’t warrant prosecution.

Prepare for the Worst, Hope for the Best

If charges are filed, you’re not blindsided. We’re ready with a defense, ready to request bond, and ready to fight.

Common Investigations Where Early Legal Help is Critical

We’ve represented people across Georgia in pre-arrest investigations for:

• Sexual assault or misconduct
• Domestic violence or assault
• Theft, fraud, or embezzlement
• Drug-related allegations
• Internet or computer crimes
• Child molestation or child pornography
• Campus Title IX investigations
• White collar or business-related misconduct

In many of these cases, charges were never filed—or were dramatically reduced—because of fast, informed legal action.

What Should I Do If Police Contact Me?

If police reach out to you and you’re under investigation (even informally), follow these rules:

1. Do Not Answer Questions Without a Lawyer

You have a constitutional right to remain silent. Use it. Even if you’re 100% innocent, don’t try to explain anything. Simply say:

“I’m not answering any questions without my attorney.”

2. Do Not Go to the Station Alone

Going to the station without a lawyer can be a trap. Officers will often record the conversation, even if it’s informal. And they can lie about what they know to get you talking.

3. Do Not Consent to Searches

Police might ask to look through your phone, home, or vehicle. Unless they have a warrant, you can say no.

“I do not consent to any search. Please speak with my attorney.”

4. Call a Criminal Defense Lawyer Immediately

The sooner we’re involved, the more we can do. We may be able to prevent charges from ever being filed, or at least begin building your defense before things spiral.

But Won’t Hiring a Lawyer Make Me Look Guilty?

This is one of the most common concerns we hear—and it’s based on a dangerous myth.

Hiring a lawyer doesn’t make you look guilty. It makes you look smart.

Police and prosecutors don’t assume you’re innocent just because you’re cooperating. In fact, they often assume the opposite.

Getting legal help shows that:

• You’re serious about protecting your rights
• You won’t be pushed around
• You understand the process—and won’t walk into it blindly

If anything, it can stop law enforcement from trying to take advantage of you.

You Don’t Need to Be Arrested to Be at Risk

Some people make the mistake of waiting until they’re officially charged. But by then, it might be too late to undo the damage.

At J. Ryan Brown Law, we believe in stopping problems before they become court cases. If we can prevent an arrest, we will. If not, we’ll be ready to defend you the second charges are filed.

Facing a Criminal Investigation in Georgia? Don’t Wait.

If someone has accused you of a crime—or law enforcement is asking questions—don’t assume it’s harmless. Don’t guess at the law. And don’t talk yourself into trouble.

Call J. Ryan Brown Law today for a confidential consultation.

We’ll give you straight answers, clear guidance, and a plan to protect your rights—before things go any further.