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can you be investigated based on accusation north carolina

Can I Be Investigated Based on Someone’s Accusation in North Carolina?

Someone accused you of something you didn’t do. Now you’re wondering—can the police actually investigate you just because someone pointed a finger?

Yes, they can.

In North Carolina, law enforcement can open a criminal investigation based on nothing more than an accusation. No physical evidence required. No witnesses beyond the accuser. Just their word against yours.

That investigation can turn your life upside down before you even know it’s happening. Here’s what you need to understand about your rights and how to protect yourself when someone makes an accusation against you.

What a Criminal Investigation Really Means

A criminal investigation in North Carolina is the formal process where law enforcement gathers evidence to determine whether probable cause exists to file criminal charges against you.

The investigation phase happens before you’re arrested or charged. During this time, investigators can:

  • Interview witnesses
  • Collect physical evidence
  • Execute search warrants for your property, phone, or digital devices
  • Conduct surveillance
  • Request records from your bank, employer, or service providers
  • Ask you to come in for questioning

Here’s the critical part: You might not even know you’re being investigated until it’s too late to properly protect yourself.

How Accusations Trigger Investigations

North Carolina law doesn’t require corroborating evidence to start an investigation. A single person’s statement to police is enough to set the entire process in motion.

Common scenarios where accusations lead to investigations include:

Domestic violence claims – Ex-partners or family members make allegations during heated disputes Sexual assault accusations – Allegations that can be made months or years after alleged incidents Theft or fraud claims – Business partners, employers, or clients claim financial wrongdoing Child abuse reports – Anonymous tips to social services that trigger both civil and criminal investigations

Once that accusation hits a police report, investigators are required to follow up. Even if they privately doubt the accuser’s credibility, they must investigate to cover their bases.

What Investigators Do During the Pre-Charge Phase

During a criminal investigation, law enforcement has broad authority to gather evidence. They can legally:

Contact your employer, friends, and family for interviews Subpoena your financial records without notifying you first Monitor your social media accounts and online activity Execute search warrants for your home, vehicle, or workplace if they establish probable cause Request voluntary interviews with you directly

The investigation continues until they either find sufficient evidence to file charges or determine no crime occurred. This process can take weeks, months, or even years.

Your Rights During a North Carolina Investigation

You have constitutional protections during any criminal investigation, but many people don’t know how to exercise them properly.

You have the right to remain silent. You are never required to speak with investigators, even if they say it’s “just to clear things up.”

You have the right to refuse voluntary searches. If police ask to search your property without a warrant, you can say no.

You have the right to legal representation. You can hire an attorney at any point during an investigation—you don’t have to wait until you’re arrested.

You have the right to ask if you’re being investigated. While police aren’t required to inform you immediately, you can ask directly if you suspect an investigation is underway.

The mistake most people make is thinking that cooperation will make the investigation go away faster. It doesn’t. Cooperation often provides investigators with the evidence they need to file charges.

How North Carolina Investigations Can Escalate

Let me tell you about Alex, a Wake County business owner who learned this lesson the hard way.

A former employee accused Alex of payroll fraud—claiming he manipulated timesheets to short her wages. The accusation was false, but it triggered an investigation by both the local sheriff’s department and the North Carolina Department of Labor.

Alex thought he could clear everything up by meeting with investigators voluntarily. He brought his payroll records and spent three hours explaining his accounting system.

What Alex didn’t realize was that his explanation revealed minor discrepancies in his record-keeping that had nothing to do with the original accusation. Those discrepancies became the basis for criminal charges under North Carolina’s embezzlement statute.

Alex went from trying to prove his innocence to facing Class H felony charges that could have sent him to prison for up to 39 months.

Don’t make Alex’s mistake. The investigation phase is when your legal strategy matters most—not after charges are filed.

What to Do When You Learn You’re Under Investigation

Here’s what you do right now if you discover you’re being investigated:

Stop talking to anyone about the case immediately. This includes family, friends, coworkers, and especially the alleged victim. Anything you say can be used against you.

Do not contact the accuser. Any communication attempt can be twisted into evidence of harassment, intimidation, or consciousness of guilt.

Hire a North Carolina criminal defense attorney before speaking with investigators. We can communicate with law enforcement on your behalf and protect your rights during the investigation.

Preserve evidence that supports your innocence. Gather documents, communications, photos, or witness contact information that contradicts the accusation.

Do not consent to any searches. If investigators ask to search your property, politely decline and refer them to your attorney.

Remember—the investigation phase is your best opportunity to avoid criminal charges entirely. Once the district attorney files charges, your options become more limited and expensive.

How We Protect Clients During Investigations

At DeMent Askew Johnson & Marshall, we’ve represented hundreds of North Carolina residents during the pre-charge investigation phase. We know how local prosecutors and investigators operate in Wake County, Johnston County, Chatham County and throughout central North Carolina.

When you hire us during an investigation, we immediately:

  • Contact the investigating officers to notify them that you’re represented by counsel
  • Review the accusation and identify weaknesses in the alleged victim’s story
  • Gather exculpatory evidence that contradicts the allegations against you
  • Negotiate with prosecutors before charges are filed to prevent prosecution entirely

We’re not just lawyers—we’re your line of defense during the most critical phase of your case.

Time is everything here. The longer you wait to get legal representation, the more evidence investigators can gather and the stronger the prosecution’s case becomes.

There is a right way and a wrong way to handle a criminal investigation in North Carolina. Don’t risk your freedom, your reputation, and your future by going it alone.

Call us today for a 100% confidential consultation. Let us help you take control of this situation before it destroys everything you’ve worked to build.

Author Bio

Ryan Brown

J. RUSSELL W. DeMENT III
RALEIGH CRIMINAL DEFENSE LAWYER

Russell W. “Rusty” DeMent III is a trial lawyer and managing partner at DeMent Askew Johnson & Marshall. A former Wake County Assistant District Attorney, he brings decades of courtroom experience to defending serious criminal charges in both state and federal courts, including DWI, violent crimes, and drug offenses.

Regularly recognized in Best Lawyers in America, Super Lawyers, and Business North Carolina’s Legal Elite, Rusty is a Fellow of the National College for DUI Defense and the Litigation Counsel of America. His legal insight and calm command in high-stakes cases make him a trusted advocate across North Carolina.

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My case was a particularly a hard one. Rusty and his team fought hard to receive the best judgment possible. They never told me anything I wanted to hear, actually quite the opposite. They let me know exactly what they could do for me and tried their hardest. I would recommend this law office to anyone who is looking for great counsel.

Curt H.

I HIGHLY recommend DeMent Askew to anyone seeking legal aid. Mr. DeMent helped me through a couple situations and from the first time I met with him until it was over he gave me his utmost attention and always made sure he listened. This is not a chain law firm that is just out to get your money, they really do care about the the

Kimball T.

Mr. Johnson and everyone at DeMent Askew went above and beyond in their handling of our case. They genuinely cared for the well-being of my husband and my family. I have used them for other legal matters as well, and would definitely recommend them to anyone with any type of personal injury case, no matter how serious.

Holly P.

I want to thank Mr. DeMent for helping me out with my DWI case. I was truly not very optimistic in my chances with my case, but on the day of my trial Mr. DeMent vigorously argued in my favor that the officer did not have probable cause for my arrest. I truly appreciate his efforts in saving me from a DWI conviction and

Eric J.

My case was a particularly a hard one. Rusty and his team fought hard to receive the best judgment possible. They never told me anything I wanted to hear, actually quite the opposite. They let me know exactly what they could do for me and tried their hardest. I would recommend this law office to anyone who is looking for great counsel.

Curt H.

I HIGHLY recommend DeMent Askew to anyone seeking legal aid. Mr. DeMent helped me through a couple situations and from the first time I met with him until it was over he gave me his utmost attention and always made sure he listened. This is not a chain law firm that is just out to get your money, they really do care about the the

Kimball T.

Mr. Johnson and everyone at DeMent Askew went above and beyond in their handling of our case. They genuinely cared for the well-being of my husband and my family. I have used them for other legal matters as well, and would definitely recommend them to anyone with any type of personal injury case, no matter how serious.

Holly P.

I want to thank Mr. DeMent for helping me out with my DWI case. I was truly not very optimistic in my chances with my case, but on the day of my trial Mr. DeMent vigorously argued in my favor that the officer did not have probable cause for my arrest. I truly appreciate his efforts in saving me from a DWI conviction and

Eric J.

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