How to Know If You Are On An Open Investigation in California?

In brief: Police and prosecutors usually do not tell people they are under investigation, so there is no official list to check. Signs include a call or card from a detective, a search warrant, subpoenas for your records, or friends and coworkers being questioned about you. In federal cases, a person may receive a target letter. Before charges are filed, you generally cannot get police reports or other evidence from the investigation. You have the right to remain silent and the right to a lawyer, and it is wise to talk with a lawyer before answering any questions from investigators.

By Vikas Bajaj, Attorney at Law · Last reviewed: November 1, 2026

About the attorney. Attorney Vikas Bajaj has nearly 25 years of experience. Admitted in California (2001) and Texas (2022). Law Office of Vikas Bajaj, APC, The Bajaj Building, 2150 First Avenue, Suite 200, San Diego, CA 92101. Call (619) 525-7005.

What an open investigation means

An open investigation means police, a state agency, or a federal agency is gathering information about possible criminal conduct and no charges have been filed. Many investigations end without charges. In San Diego County, state charges are filed by the District Attorney or, for many misdemeanors in the City of San Diego, the City Attorney. Federal charges are brought by the U.S. Attorney for the Southern District of California, often through a grand jury.

Common signs you may be under investigation

• A detective or agent calls, leaves a business card, or asks you to come in to “clear things up.”
• Officers serve a search warrant at your home, car, phone, or business.
• Your bank, employer, phone carrier, or another business tells you it received a subpoena or warrant for your records.
• Friends, family, coworkers, or a former partner say they were asked about you.
• In a federal case, you receive a grand jury subpoena or a target letter.

None of these signs proves you are a suspect. Investigators also contact witnesses and people who simply have useful records.

Federal target letters and grand jury subpoenas

Under U.S. Department of Justice policy, a “target” is a person the prosecutor or grand jury has substantial evidence linking to a crime and whom the prosecutor views as a likely defendant. A “subject” is a person whose conduct is within the scope of the grand jury’s investigation. Federal prosecutors may notify a target before seeking an indictment, but they are not required to. If you receive a grand jury subpoena or target letter, speak with a lawyer before you respond. See federal criminal defense in San Diego and proffer sessions in federal cases.

Fraud and white collar investigations look different

Street crimes are often investigated quickly, but fraud, health care, tax, and other white collar investigations can run quietly for months or years. Agents may collect bank records, billing data, emails, and phone records with subpoenas and warrants long before anyone is interviewed. Signs that are common in these cases include:

• A records request or subpoena to your business, your accountant, or your billing company.
• Current or former employees saying agents visited them at home.
• For medical providers, unusual audits or record requests tied to Medicare or Medi-Cal claims. Federal health care fraud is charged under 18 U.S.C. § 1347, and kickbacks for patient referrals under 42 U.S.C. § 1320a-7b(b). See our health care fraud defense page.

How an investigation turns into charges

State felony cases in California usually begin with a complaint filed by the prosecutor. Some cases go to a county grand jury instead. In federal court, felonies must be charged by grand jury indictment unless the person waives indictment in open court (Federal Rule of Criminal Procedure 7). Read more about what an indictment is.

Some timing rules can help you understand where you stand:

• Federal statute of limitations. Unless a specific statute says otherwise, most federal non-capital crimes must be charged within five years of the offense (18 U.S.C. § 3282). Some offenses have longer periods, so ask a lawyer about the specific statute involved.
• After a federal arrest. If a person is arrested on a federal complaint, the Speedy Trial Act generally requires an indictment or information within 30 days (18 U.S.C. § 3161(b)).
• When target status ends. Federal prosecutors have discretion to tell a person who was told they were a target that they no longer are (Justice Manual 9-11.155). Many people never get that notice, so silence from investigators does not mean the matter is closed.

Mistakes that create new charges

People who think they are under investigation sometimes make things worse while trying to fix them. Three common examples:

• Lying to agents. A knowingly and willfully false statement about a material fact to a federal agent can be charged under 18 U.S.C. § 1001, with up to five years in prison in most cases, even if the underlying conduct is never charged.
• Destroying or hiding records. Corruptly altering, destroying, or concealing records to keep them from an official proceeding can be charged under 18 U.S.C. § 1512(c), with up to 20 years.
• Pressuring a witness or alleged victim. In California, knowingly and maliciously trying to stop a witness or victim from reporting a crime or testifying is a crime under Penal Code 136.1, punishable by up to one year in county jail or by state prison, with higher terms if force, threats, or payment are involved. Even a well-meant message asking someone to “stay out of it” can be misread.

If you need to talk with people who may be witnesses, for example coworkers in a business under investigation, ask a lawyer first how to handle it.

What you can and cannot check yourself

• Court records. The San Diego Superior Court’s case search shows cases that have already been filed. An investigation that has not led to charges will not appear there.
• Warrants. If a case has been filed, there may be a warrant. Ask a lawyer to check rather than calling the police yourself.
• Your own criminal record. California law lets a person get a copy of their own state criminal history record from the Department of Justice and challenge errors in it. That record shows past arrests and court outcomes, not open investigations.

What is not available. While a matter is only under investigation, there is generally no way for you or a lawyer to get police reports, witness statements, or other evidence from the investigators. Discovery, the exchange of evidence in a criminal case, comes later: after charges are filed and after the arraignment, once a lawyer is counsel of record on the case.

Should you call the detective back?

Talk with a lawyer first. Anything you say to an investigator can be used later, and a short “just to clear things up” conversation can become key evidence. Investigators are allowed to keep their questions general and are not required to tell you whether you are a suspect. A lawyer can contact the investigator for you, learn what the investigator is willing to share, and decline an interview on your behalf if that is the right choice.

Your rights during an investigation

• Right to remain silent. You do not have to answer questions from police or agents. The privilege against self-incrimination is in the Fifth Amendment and in Article I, section 15 of the California Constitution.
• Right to a lawyer. You can say you want a lawyer and will not answer questions without one.
• Searches. You do not have to consent to a search. If officers have a warrant, do not physically resist; say clearly that you do not consent and call a lawyer.
• Voluntary interviews. You can decline an interview. A grand jury subpoena is different: it is a court order, so have a lawyer handle the response.

Do not delete messages, files, or other records once you think you are being investigated. Destroying evidence can be a separate crime. Read more about phone and digital searches.

What a lawyer can do before charges are filed

• Serve as the point of contact so investigators do not question you directly.
• Respond to subpoenas and help protect privileged material.
• Advise on whether talking, staying silent, or a formal proffer makes sense in your situation.
• Where appropriate, present information to the prosecutor before a charging decision.

See also mistakes to avoid when facing criminal charges and what a subpoena is under Federal Rule of Criminal Procedure 17.

Frequently asked questions

Will the police tell me if I am under investigation?

Usually not. Investigators have no general duty to tell you, and they may not say whether they see you as a witness or a suspect.

Can I get the police report before I am charged?

Generally no. Police reports and other evidence are exchanged through discovery after charges are filed and after the arraignment, once a lawyer is counsel of record.

If I am innocent, should I just explain my side?

Talk with a lawyer before you answer questions. Statements made in good faith can still be misunderstood, incomplete, or used against you. A lawyer can decide with you whether, when, and how to share information.

Does a target letter mean I will be indicted?

Not necessarily. It means federal prosecutors view you as a likely defendant. Get legal advice right away, before any contact with the prosecutor or agents.

What happens at the first court date if I am charged?

The first court date is the arraignment. Read more about the arraignment process.

Talk with the office

If a detective or agent has contacted you, or you think you may be under investigation, talk with a lawyer before you respond. Call (619) 525-7005 or use the contact page.

This page is general information, not legal advice. Reading it does not create an attorney-client relationship.