Signs You Are Under Investigation
People rarely get formal notice that they are the focus of a criminal investigation. Most learn about it indirectly. These are the signals we see most often in Atlanta-area cases:
- A detective calls, texts, or leaves a card asking you to “come in and clear something up” or to give “your side of the story”
- Friends, coworkers, or family say police contacted them about you
- A search warrant is executed at your home, office, or vehicle, or your phone is seized
- Your bank, phone carrier, or employer receives a subpoena or tells you records were requested
- You receive notice of a warrant application hearing from the Magistrate Court
- An employer, school, or agency opens an internal investigation that mentions police involvement
- A federal agent contacts you, or you receive a letter calling you a target or subject of a grand jury investigation
Why the warning signs matter
Each of these signals has a different meaning. A request for an interview may mean the detective lacks enough evidence and hopes you will fill the gap. A search warrant means a judge has already found probable cause to search, though not necessarily to arrest. A warrant application notice means a private person is asking a judge to have you arrested, and the hearing date is a deadline.
If you notice any of these signs, do not wait for the knock on the door. Georgia generally allows four years to bring most felony charges and two years for misdemeanors under O.C.G.A. 17-3-1, so investigations can run quietly for a long time before anything happens.
What Is at Stake Before You Are Charged
It is easy to assume that nothing serious can happen until you are arrested. In reality, the pre-arrest period often decides the outcome of the case.
- Statements you make become evidence. A friendly conversation with a detective can supply the missing element the State needed.
- An unplanned arrest can mean days in jail. For certain serious felonies, including drug trafficking, only a Superior Court judge can set bond under O.C.G.A. 17-6-1, so an arrest late in the week can mean a long wait.
- An arrest record follows you. Even if charges are later dropped, an arrest can appear in background checks and news coverage.
- Lost evidence rarely comes back. Surveillance video is often overwritten within days or weeks, and witnesses’ memories fade.
- Your job and professional license may be affected. Many employers and licensing boards act on an arrest, not just a conviction.
Acting early does not guarantee that charges will never be filed. It does give you the best chance to influence whether they are, what they are, and how the case begins.
Talking to Detectives Through Counsel
You have the right to remain silent and the right to a lawyer under the U.S. Constitution, and Georgia’s Constitution separately protects you from being compelled to incriminate yourself. Those rights mean little if you sit down with a detective alone. Interviews are recorded, detectives are trained to build rapport, and anything you say can be used to support a warrant application.
When you hire us, we tell the investigator that you are represented and that all contact must go through our office. That one step usually stops the calls to your phone and the visits to your workplace.
What we learn from the detective
Detectives often share more with a defense lawyer than they will with a suspect. We ask what the allegation is, whether you are considered a suspect or a witness, whether a warrant has been sought, and whether the case has been referred to the Fulton County District Attorney. That information shapes every decision that follows.
When, if ever, you should give a statement
In most cases, the right answer is that you do not give a statement. In some situations, such as a clear case of mistaken identity or self-defense with strong supporting evidence, a carefully limited written statement or a proffer through counsel may help. We make that call with you only after we understand the evidence, and we never let you walk into an interview unprepared. Our blog explains your right to counsel in more detail.
Warrant Application Hearings and Negotiated Surrender
Two very different situations bring people to us at this stage. Sometimes a private person is trying to get a warrant, and sometimes police already have one or are about to. We handle both.
Defending a warrant application hearing
When someone other than a police officer asks for an arrest warrant, Georgia law generally requires a judge to hold a hearing first and to try to notify the person whose arrest is sought. Our page on warrant application hearings in Georgia explains the statute in depth. In Atlanta, the Magistrate Court of Fulton County handles these applications. Applicants file at 136 Pryor Street, and the court schedules hearings no sooner than two weeks after filing so notice can be sent.
At the hearing, the judge decides only whether probable cause exists. You may cross-examine the applicant and their witnesses and present evidence that probable cause does not exist, and either side may be represented by an attorney. If the judge finds probable cause, the warrant can issue immediately, and the court’s own guidance warns that a warrant can issue against anyone shown to have committed a crime, including the applicant or a witness. That is why we prepare for these hearings like a short trial.
Notice by personal service under the 2026 amendment
Effective July 1, 2026, House Bill 1131 amended O.C.G.A. 17-4-40 to authorize notice of a warrant application hearing by personal service, in addition to other means the judge approves. If someone hands you hearing papers, treat the date as urgent.
Planning a negotiated surrender
If a warrant has been issued or is about to be, we contact the investigating agency to arrange a voluntary surrender at an agreed date, time, and place. A planned surrender means you are not arrested at work or in front of your family, and it lets us prepare for bond in advance. Georgia law requires that a person arrested on a warrant be brought before a judicial officer within 72 hours, and in Fulton County first appearance hearings are handled by the Magistrate Court. We go into that hearing with proof of your ties to Atlanta, your employment, and your record ready. If the charge is one only a Superior Court judge can bail, we prepare that motion before you surrender. Our bond and bail hearing page explains what judges consider.
Presenting Evidence Before a Charging Decision
Police and prosecutors do not always see the whole picture. Sometimes they have only the complaining witness’s version. When we have evidence that undermines the accusation, presenting it before a charge is filed can change the outcome.
What we may present
- Text messages, emails, or social media posts that contradict the allegation
- Receipts, GPS data, or phone records showing where you were
- Video from a business, a doorbell camera, or a phone
- Statements from independent witnesses, gathered by our office
- Documents showing authority or consent, common in fraud and theft accusations
Deciding whether to share evidence
Sharing evidence early is a strategic choice, not an automatic one. If the evidence is strong and the investigator is open to it, it can lead to a decision not to seek a warrant, a referral away from criminal court, or a lesser charge. If the evidence would only help the State prepare, we hold it for trial. In felony matters that may go to a grand jury, we evaluate whether a written submission to the prosecutor makes sense. Our guide to accusations and indictments in Georgia explains how felony cases are formally charged.
The Pre-Arrest Process in Atlanta
Every investigation is different, but most pre-arrest cases we handle follow a similar path.
- Free consultation. You tell us what you know, and we identify the agency, the likely allegation, and any deadlines.
- Notice of representation. We contact the detective, agency, or court so all communication goes through us.
- Investigation of our own. We gather and preserve evidence and speak with witnesses.
- Strategy decision. We decide together whether to stay silent, present evidence, or prepare for a warrant hearing.
- Hearing or surrender. We defend the warrant application hearing or arrange a surrender and bond plan.
- Charging decision. If a case moves forward, it proceeds in Fulton County Superior Court for felonies or the State Court of Fulton County for misdemeanors, and we are already prepared.
The agencies most often involved in Atlanta investigations include the Atlanta Police Department, the Fulton County Sheriff’s Office, the Fulton County Police Department, the Georgia Bureau of Investigation, and federal agencies working with local task forces. If a federal agency is involved, we handle that investigation as well.
Why Choose Bixon Law as Your Atlanta Pre-Arrest Lawyer
Pre-arrest work rewards a lawyer who knows how investigations are built and how Fulton County courts operate. Michael Bixon founded Bixon Law after serving as a senior associate attorney at Reynolds Law Group and working as a law clerk on criminal and constitutional law cases. He is a graduate of the Bill Daniel Trial Advocacy Program and a member of the Georgia Association of Criminal Defense Lawyers and the Georgia Trial Lawyers Association.
What that means for you:
- Direct access. You work with your attorney, not a call center, and our office is available around the clock.
- Discretion. We handle investigations quietly to protect your reputation and your job.
- Trial readiness. We prepare warrant hearings and pre-charge submissions as if the case is headed to trial.
- Honest advice. We will tell you plainly what your options are, including when the best move is to say nothing at all.
Our office is at 260 Peachtree Street NW in Downtown Atlanta. You can learn more about Michael Bixon on our about us page.
