Few situations are more frightening or serious than learning you’re under investigation for homicide. Even before formal charges are filed, investigators may already be collecting evidence, interviewing witnesses, and building a case against you.
Every word you say and every action you take can influence how that case unfolds. At Simmons Wagner, LLP, we understand the urgency and complexity of homicide investigations and work aggressively to protect our clients before, during, and after charges are brought.
The Early Stages of a Homicide Investigation
When a death occurs under suspicious circumstances, law enforcement immediately begins gathering evidence. Detectives typically:
- Secure the scene and collect forensic evidence (weapons, DNA, fingerprints)
- Interview witnesses and potential suspects
- Review phone records, surveillance footage, and digital communications
- Submit physical evidence for laboratory testing
- Consult with prosecutors to determine whether charges should be filed
It’s common for investigators to reach out “informally” before an arrest—perhaps requesting an interview or asking for your version of events. While this might sound like a chance to clear your name, it’s rarely in your best interest to speak with law enforcement without legal counsel present.
Why You Should Not Speak to Police Without a Lawyer
Even if you’re innocent or believe the situation is a misunderstanding, talking to investigators on your own can be dangerous. Detectives are trained to elicit statements that can later be used against you, and once you say something on record, it can’t be taken back.
At Simmons Wagner, LLP, we advise clients to exercise their constitutional rights immediately:
- Remain silent: You are not required to answer questions without an attorney.
- Request counsel: Politely state that you will not speak without your lawyer present.
- Avoid speculation: Never guess, assume, or try to explain events you don’t fully understand.
Once we’re involved, our attorneys communicate directly with law enforcement, ensuring that your rights are respected and that you don’t inadvertently say something that could be misinterpreted.
How Legal Representation Shapes the Investigation
Having an attorney early in the process can make a profound difference in how your case develops. At Simmons Wagner, LLP, we take immediate steps to:
- Preserve evidence that supports your version of events
- Identify inconsistencies or errors in the prosecution’s case
- Retain expert witnesses, such as forensic analysts or medical examiners
- Monitor police conduct for constitutional violations or procedural errors
- Negotiate proactively with prosecutors to prevent premature or unsupported charges
In some cases, early intervention can even stop charges from being filed at all—especially if we can provide exculpatory evidence or highlight weaknesses in the investigation.
Types of Homicide Charges in California
If the investigation results in an arrest, you could face a range of potential charges, depending on intent, circumstances, and evidence:
- First-degree murder: Premeditated or deliberate killing.
- Second-degree murder: Intentional killing without premeditation.
- Voluntary manslaughter: Killing in the heat of passion or sudden provocation.
- Involuntary manslaughter: Unintentional killing due to reckless or negligent behavior.
Each charge carries drastically different penalties, from years in prison to life without parole. Having a defense attorney who understands these distinctions and can navigate California’s complex homicide laws is critical.
Building a Strong Defense
Defending a homicide case requires a detailed, forensic approach. Simmons Wagner, LLP investigates every aspect of the prosecution’s evidence, including:
- The reliability of eyewitness accounts
- The accuracy of forensic testing and DNA analysis
- The credibility of police reports and timelines
- Possible self-defense or accidental circumstances
Our team works closely with investigators and experts to reconstruct events and expose weaknesses in the state’s case.
Protect Your Future Before It’s Too Late
If you’ve been contacted by law enforcement or suspect you’re under investigation for homicide, time is not on your side. The sooner you retain experienced legal counsel, the more options you have to protect yourself.
At Simmons Wagner, LLP, we treat every homicide investigation with urgency, discretion, and determination. Our attorneys know how to navigate complex criminal procedures and are ready to fight for your freedom and reputation at every stage.
Call Simmons Wagner, LLP today at (949) 439-5857 for a confidential consultation. Don’t wait until charges are filed—take control of your defense now.