Under Criminal Investigation in Arizona? Pre-Charge Defense
A detective called, police are asking questions, or a target letter arrived? Charges may not be filed yet. What you say now can become the State’s case. Talk to a defense lawyer before you call the detective back.
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How Do You Know If You Are Under Criminal Investigation in Arizona?
Common signs are a call or card from a detective, police contacting people you know or your employer, a search warrant or subpoena for your phone or records, or a target letter. Arizona keeps no public list of open investigations, so the safest step is to let a defense lawyer contact the detective for you.
Most people find out they are a suspect the same way: a voicemail from a detective asking them to “come in and clear something up.” That call usually comes late in the investigation, after police have already talked to the accuser, gathered records and decided what they think happened. The interview is how they fill the gaps.
The weeks before a charge is filed are the stage where a defense lawyer can do the most with the least, because nothing has been decided yet. This guide explains how Arizona investigations work, what police can and cannot do while you wait, and what to do right now.
Why Can You Trust This Guide?
This guide was written and reviewed by Michael Tamou, founding attorney of Tamou Law Group. He began his career as a public defender handling hundreds of cases a year, and now represents people across Arizona from the first call from a detective through grand jury and trial, including the firm’s recent not-guilty verdict on all 31 counts. He is recognized by the National Trial Lawyers Top 100, Super Lawyers Southwest and Elite Lawyer. Every statute below links to the official text on azleg.gov.
What Are the Signs That Police Are Investigating You?
Any one of these is a reason to talk to a lawyer before you talk to anyone else:
- A detective calls, texts or leaves a card asking for your side of the story.
- Police contact your friends, family, coworkers or employer about you.
- A search warrant or subpoena is served on your home, car or phone, or on your bank, phone carrier or employer.
- A target letter or grand jury subpoena arrives, most often in fraud and federal cases.
- A licensing board, employer or school opens its own inquiry. What you tell them can be shared with police.
- The accuser calls unexpectedly wanting to talk about what happened.
- You were arrested and released without charges. In DUI cases the State commonly waits for blood results before filing.
Why Would a Detective Want to Talk to You?
Because your statement is often the strongest evidence they can get. An admission, an inconsistency or even a detail you volunteer to “explain” can supply the intent or identity the State otherwise cannot prove.
The Miranda warnings required by Miranda v. Arizona apply to custodial interrogation. A “voluntary” interview at the station, or a phone call where you are told you are free to go, often comes with no warnings at all. And police are allowed to mislead you: in Frazier v. Cupp, the U.S. Supreme Court upheld a confession obtained after officers falsely said a co-defendant had confessed. See why a detective would call you.
Do You Have to Talk to Police If You Are Not Under Arrest?
No. You can decline any interview and say you will speak through your lawyer. Declining is not a crime, and it is the single most protective step you can take. Say clearly that you are choosing not to answer without your lawyer, rather than just going quiet. Be polite, take the detective’s name and number, and end the conversation. Do not try to talk your way out of it.
Can Police Record a Call Between You and the Accuser?
Yes. Under A.R.S. 13-3005, intercepting a call is a crime only without the consent of a party to it. Because the accuser can consent, police can have the accuser call you while they record. These “confrontation calls” are common in sex crime and domestic cases and are designed to get an apology or an admission. If someone involved in an allegation calls you out of the blue, say little and call a lawyer.
Can Police Search Your Phone During an Investigation?
Usually not without a warrant. In Riley v. California, the Supreme Court held that police generally need a warrant to search the data on a cell phone. Consent removes that protection, so do not unlock your phone or agree to a search.
Do not delete anything either. Destroying or hiding evidence when you know a proceeding is pending or about to begin is tampering with physical evidence, a class 6 felony under A.R.S. 13-2809, and deleted data can often be recovered anyway.
How Long Can the State Wait to File Charges?
Longer than most people expect. Under A.R.S. 13-107, the State generally has seven years for a class 2 through class 6 felony, one year for a misdemeanor and six months for a petty offense. The clock runs from when the State discovered the offense or should have discovered it, and a case is commenced when an indictment, information or complaint is filed.
Some offenses have no limit at all, including homicide and class 2 felony sex offenses under chapters 14 and 35.1, and the period stops running while the accused is absent from Arizona. Silence from police is not a sign the case is over.
What Happens When Police Send the Case to a Prosecutor?
When detectives finish, they submit the case to a prosecutor with a recommendation. The prosecutor can file charges, ask for more investigation, file different or lesser charges, or decline the case. Felony charges are filed either by complaint followed by a preliminary hearing, or by grand jury indictment.
A person under investigation can ask to be heard by the grand jury. Under A.R.S. 21-412, the grand jury is not required to hear you but may, and you have the right to a lawyer’s advice while you testify. In Trebus v. Davis, 189 Ariz. 621 (1997), the Arizona Supreme Court held that prosecutors must tell the grand jury when a target asks to appear or offers clearly exculpatory evidence. Whether to make that request is a strategic call, because anything you say can be used.
Can a Lawyer Stop Charges From Being Filed?
Sometimes, and it is the best time to try. Before a charging decision, a defense lawyer can show the prosecutor what the detective left out: messages that contradict the accusation, witnesses police never called, records that explain the money. When the evidence does not hold up, prosecutors decline cases or file lesser charges. No lawyer can promise that result, but it is not available at all once the case is filed and the State is committed to it. See how charges are stopped before filing.
What Should You Do Right Now?
- Do not call the detective back or agree to an interview. There is no off-the-record conversation with police.
- Do not contact the accuser or witnesses, even to apologize or explain.
- Do not delete, post or edit anything on your phone or social media.
- Do not consent to searches or a polygraph.
- Write down what happened, with dates and names, for your lawyer only.
- Call a defense lawyer before the next contact from police.
The Experts We Bring to the Table
Before charges are filed, the goal is to show the prosecutor where the case is weak. These are the specialists who help us do it.
Private Investigators
Witnesses First
Find and interview witnesses before memories fade and before the State shapes their accounts.
Digital Forensic Examiners
Phones and Accounts
Preserve texts, call logs, location data and social media, including what a police extraction left out.
Video and Audio Analysts
Recordings
Review surveillance video, body camera footage and recorded calls for gaps, edits and missing context.
Forensic Interview Specialists
How Statements Were Taken
Evaluate interviews of children and accusers for leading or suggestive questioning.
Forensic Accountants
Money Trails
Trace transactions in fraud and embezzlement investigations and explain what the records really show.
Toxicologists
Lab Results
Review blood and drug testing in DUI and drug investigations while the State waits on its own results.
How Does Tamou Law Group Handle Pre-Charge Investigations?
Pre-charge advocacy. We tell the detective you are represented so contact comes through us, find out what the allegation is, and decide with you whether presenting your side to the prosecutor or grand jury helps or hurts.
Evidence first. We preserve the messages, video, location data and witnesses that support you while they still exist, so the State’s version is not the only one.
Collateral planning. Professional licenses, immigration status, employment and school discipline often move faster than the criminal case. We coordinate them so a statement in one does not damage the other, and if charges are filed we work to arrange a summons or planned surrender instead of an arrest. Call 623-321-4699.
Under Investigation FAQs
Can I find out if I’m under investigation in Arizona?
There is no public list of open investigations. A defense lawyer can often learn more by contacting the detective or prosecutor for you and checking court records for a warrant or a filed case, all without you giving a statement that can be used later.
Should I call the detective back?
Not before you talk to a lawyer. By the time a detective calls, they usually have an account from someone else and want your statement to complete the case. Your lawyer can return the call, learn what it is about, and decline an interview for you.
Can police lie to me during questioning?
Yes. In Frazier v. Cupp the U.S. Supreme Court upheld a confession obtained after police falsely told a suspect that someone else had confessed. Detectives may overstate the evidence or suggest that talking will end the matter. Neither is a reason to give a statement.
What is a target letter?
A target letter tells you prosecutors or a grand jury consider you a likely defendant. It is not a charge. It often invites contact through a lawyer, and the time after it arrives can be one of the best chances to influence whether, and how, you are charged.
How long does the State have to file charges in Arizona?
Under A.R.S. 13-107, generally seven years for class 2 through class 6 felonies, one year for misdemeanors and six months for petty offenses, counted from when the State discovered or should have discovered the offense. Homicide and some serious sex offenses have no limit.
Should I delete texts or social media posts?
No. Destroying or hiding evidence when you know a proceeding is pending or about to begin can be charged as tampering with physical evidence, a class 6 felony under A.R.S. 13-2809. Keep everything as it is and let your lawyer review it.
Can a lawyer stop charges from being filed?
Sometimes. No lawyer can promise it, but before a charging decision a lawyer can present information to the prosecutor, preserve evidence that helps you, and in the right case ask to be heard by the grand jury. Prosecutors decline or reduce cases when the evidence does not hold up.
Will I be arrested if charges are filed?
Not always. A case can begin with a summons to appear instead of an arrest warrant. When a lawyer is already involved, it is often possible to arrange a summons or a planned surrender rather than an arrest at home or at work.
Why Tamou Law Group for Criminal Defense
Every criminal case in Arizona is decided by what the State can prove, and the State proves less when the defense starts early. We get into cases before charges are filed whenever we can, and we build them on evidence rather than argument.
Results across the spectrum
Our published results include armed robbery and sexual assault cases dismissed, reckless driving dismissed, diversion on drug and theft charges, probation with no jail on aggravated DUI, and a second-degree murder charge reduced. Every case is different, and these show how we fight.
Former prosecutors and law enforcement officers
Our team includes former prosecutors and law enforcement officers, so we know how the State builds a case and where it breaks down. Michael Tamou handled roughly 500 cases a year at the public defender’s office before founding the firm.
Recognized, and available
Michael Tamou is recognized by the National Trial Lawyers Top 100 and Top 40 Under 40, Super Lawyers Southwest and Elite Lawyer 2026. We work from our Phoenix and Scottsdale offices, and we appear in Maricopa, Pima and Pinal County courts.
Published results in this area
| Case | Charges | Outcome |
|---|---|---|
| State v. D.O. | Armed robbery and aggravated assault (A.R.S. 13-1904, 13-1204) | Dismissed |
| State v. W.N. | Sexual assault and sexual abuse (13-1406, 13-1404) | Case dismissed |
| State v. C.K. | Reckless driving and racing (28-693, 28-708) | Case dismissed |
| State v. N.K. | Possession of narcotic drugs (13-3408, 13-3415) | Diversion |
| State v. L.S. | Aggravated DUI (28-1383) | Probation, no jail |
| State v. F.N. | Second-degree murder (13-1104) | Reduced charge |
Anonymized outcomes from our case results page. Every case is different; past results do not guarantee a future outcome.
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What our clients say
I highly recommend Michael Tamou! He recently handled my GCE application, and I couldn't be more grateful for his help. From the very beginning, Michael was incredibly professional, knowledgeable, and thorough in making sure everything was completed perfectly. What stood out the most was his compassion—legal processes can be highly stressful, but he treated me with genuine care, kept me informed, and made me feel completely supported throughout. If you need a dedicated and skilled attorney who truly cares about his clients, look no further than Michael Tamou.
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TSTed SchroederGoogle review · Jul 2026I had an aggravated DUI case class 4 felony. With an extensive criminal record of 7 prior felonies. Mr. Tamou did an outstanding job on my case, he got me the least possible amount of time. He got the prosecutor not to allege any of my priers. I did just 4 months with a probation tail. Other lawyers I spoke with prior to retaining M. Tamou, told me the best they could get, would be a few years in prison, due to my extensive criminal history. Michael said he would fight for me and he delivered. He has relationships with the prosecutors and judges and is a great negotiator. Also he was great with communicating with me throughout the process. Always returned my calls and text messages and kept me informed. I highly recommend him.
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SMShivraj MannGoogle review · Apr 2026Had a situation that Michael helped me through with the best possible outcome. Very responsive and actually cares about his clients.
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AHArmando HernandezGoogle review · 2025I can’t recommend Tamou law group enough. From day one, Micheal took the time to really listen, explained my options in a way that actually made sense, and built a strong strategy that put my mind at ease. The entire team was professional, responsive and genuinely caring throughout the whole process. They fought tirelessly and delivered a result that far exceeded my expectations. If you need a law firm you can trust completely, this is it. Thank you!
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We serve all of Maricopa County and the surrounding area, with free, confidential consultations by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.