Battle Creek, MI asked in Criminal Law for Indiana

Q: Can a detective just send a criminal investigation case to the prosecutor without interviewing you as the def first?

I worked for a construction company as the sales rep and on site manager to make sure jobs were done. I bid jobs, accepted check payments from customers made to the business and over saw the jobs get done. My boss is a crook, his customers are suing us both. I had no legal tie to the bank acct nor did I have any say so as far as ordering materials or scheduling. The detective who investigated the first case wanted to meet with me but I was too scared to go, never been in trouble before, he listed me as a witness but when I didn’t meet with him he changed me to a defendant. Today I find out that a second customer had voiced concern to him and he never even contacted me to get my statement like he did on the other one which I gave via email. Can he just do that? Just not interview me and send the case to the prosecutor? I feel like I had no rights what so ever here and I am a victim just like the customers.

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1 Lawyer Answer
Andrew L. Bennett
Andrew L. Bennett
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: YES, that happens quite regularly. It is not the best police work, however, people refuse to speak to officers/detectives all the time so many times charges go over to the prosecutor without an interview. Also, you refused to speak with him the first time and he likely believed that would be the case the second. If you have been charged with a crime, you need to consult with an attorney sooner than later.

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