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Arrested, what exactly does "case open pending further investigation" mean and what should I do?

Canton, MI |
Filed under: Criminal defense

I was arrested the day before Halloween for supposedly "receiving stolen property". Unbeknownst to me at the time, the property I was attempting to sell was indeed stolen. I was arrested and taken to the jail, fingerprinted, then stayed the night there. Was released in the morning and the officer said "you're free to go, stay out of trouble". I picked up my cell phone which was taken from me a week later.

I've not heard a thing from them and figured everything was done and over with considering I did nothing wrong. I picked up the police report as requested by my recruiter and the case status states: "case open pending further investigation". I never spoke to a judge, paid a fine, had probation for this or anything...

Nevertheless, what should I do about this situation?

Attorney Answers 5

Posted

This means that your case is still in the investigation phase. At this point, the officer assigned to the case will need to make a decision whether or not to forward the case to the prosecutors office for review.

You aren't out of the woods yet. Consider hiring a criminal defense attorney to represent you during the pre-warrant investigation phase. It sometimes can prevent charges from being brought. I also highly recommend not making ANY statements to the police.

-Attorney Scott Aaronson
Free Consultations
877-I-CAN-WIN

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7 lawyers agree

Posted

You should consider retaining an attorney to make sure there is no open warrant and if the prosecutor's office has a request for action.

An attorney can also explain to you how to deal with the police should they come knocking.

Aaron J. Boria (734) 453-7806

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Posted

Contact an attorney in the county you were arrested in, in many instances a conviction for a crime of this sort will require proof that you knew the property was stolen.

This is general information and not legal advise. This communication does not create a lawyer-client relationship.

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Posted

The best advice is to hire an experienced attorney. Once you do that, the attorney will be able to find out what is going on with the case. If there is an active warrant, which sometimes is the case, it is always better to walk into court with your attorney, as opposed to getting picked up and brought in by the police.

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Posted

It would definitely benefit you to have a lawyer involved. Worst case scenario, if a warrant has issued, an attorney should be able to walk you into Court. This will help you to avoid an untimely arrest and will give you the best odds in negotiating a favorable bond. Moreover, if it is still just an investigation, having an attorney to serve as a go-between with police may result in you not being charged if this was just a big misunderstanding. Of course, that is a long shot, but having a lawyer in your corner will help you to avoid saying or doing something to make this already bad situation worse.

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