Finding out you are “under investigation” can feel like charges are inevitable, but that is not how the process works in British Columbia. An investigation simply means police believe an offence may have occurred and are gathering information to decide what to recommend to Crown counsel. In BC, police investigate, but Crown counsel approves charges after reviewing the police report.
What it means to be under investigation
You might learn that you are being investigated when police call or visit your home, ask you to come to the station for an interview, request access to your phone, or execute a search warrant. A person can be investigated without being arrested. If you are arrested or detained, your Charter right to speak to a lawyer without delay is triggered.
In BC, Crown counsel uses a two-part standard to decide whether to approve charges: whether there is a substantial likelihood of conviction, and whether prosecution is in the public interest. Early decisions and early evidence can influence how a file looks when it reaches charge assessment.
Common early mistakes that can make things worse
When people are anxious, they often act quickly and unintentionally create new problems. Common missteps include:
- Talking to police “to clear it up.” Even innocent explanations can be misunderstood, incomplete, or later used to challenge your credibility. If you are detained, you have the right to legal advice before deciding what to say.
- Consenting to searches of phones, homes, or vehicles. Searches and seizures are legally complex and can shape what evidence ends up in the case. Search warrants require specific legal grounds, and consent changes the situation fast.
- Deleting messages or “cleaning up” social media. This can look like you are hiding something, and it may create separate legal exposure.
- Contacting a complainant or witness. Even a well-meaning message can be viewed as pressure, intimidation, or a breach of conditions if any are later imposed.
- Discussing the situation with friends or coworkers. Those conversations can travel farther than you expect.
When to contact a criminal defence lawyer
The best time is as soon as you suspect an investigation is underway, especially if police want an interview, have requested records or devices, or you believe a complaint has been made. Waiting until charges are approved can mean you have already missed chances to protect your rights, address misunderstandings, or prevent damaging statements from being made.
How early legal advice can shape outcomes
Early defence involvement can help you:
- Understand your rights and risks before you speak to investigators
- Respond strategically to police contact and document requests
- Reduce the chance of avoidable mistakes
- Position your case more effectively before charge assessment occurs in BC
If you are under criminal investigation in British Columbia, Stern Shapray Criminal Lawyers can help you make informed decisions early, protect your rights, and take control of the situation before charges are laid.
