If you learn that police are investigating you for a crime, you should not assume that you have to wait until charges are filed before speaking with a criminal defense attorney. In many cases, one of the most important times to hire a lawyer is during the pre-file investigation, before the prosecutor has made a final charging decision.
Criminal cases often begin with a pre-filing investigation, during which law enforcement gathers evidence, interviews the alleged victim and witnesses, reviews security camera footage, and tries to determine whether there is enough information to present the case for prosecution. What happens during this stage can have a major effect on whether charges are ultimately filed and, in some cases, what those charges may be.
Hiring an experienced California criminal defense attorney early can give you an opportunity to protect yourself before the case reaches the courtroom.
1. Preventing Incriminating Statements to Police
One of the first things a criminal defense attorney can do before the case reaches the courtroom is help prevent you from making statements that may later be used against you.
People who believe they are innocent often think they can simply explain the situation to a detective. Unfortunately, statements can be misunderstood, taken out of context, or compared with other evidence in ways that create problems later. Speaking with investigators can also lock you into an early version of events, especially when the interview is recorded. If you later remember something differently or add details, prosecutors may point to those differences as inconsistencies and use them to challenge your credibility.
Once you retain an attorney, your lawyer can communicate directly with investigators and determine whether speaking with law enforcement is actually in your best interest.
2. Hiring an Attorney Early May Help Prevent Charges From Being Filed
One of the biggest advantages of hiring a criminal defense attorney before charges are filed is that there may still be an opportunity to influence how the case is viewed before the prosecutor makes a final decision.
A defense attorney can investigate the allegations, identify weaknesses or inconsistencies, preserve favorable evidence, and present information that law enforcement may not yet have considered. In some cases, the police or prosecutor may be working with an incomplete or one-sided version of what happened.
Getting an attorney involved early gives the defense an opportunity to address those issues before charges are formally filed. Depending on the facts, early intervention may lead to reduced charges, a different charging decision, or potentially no charges at all.
3. Conducting an Independent Investigation
You should not assume that the police investigation will uncover every fact that helps your defense. A defense attorney may conduct an independent investigation by locating and interviewing witnesses, reviewing text messages, obtaining photographs or videos, examining social media communications, and identifying surveillance footage.
This can be especially important because some evidence disappears quickly. Security footage may be erased, messages may be lost, and witnesses' memories may fade.
4. Preserving Important Evidence
Electronic evidence can be extremely important in modern criminal investigations. Text messages, emails, social media messages, photographs,videos, call logs, location information, receipts, rideshare records, and other digital evidence may help establish what actually occurred.
An attorney can help make sure potentially favorable evidence is preserved properly and that the client does not accidentally destroy or alter information that may later become important.
5. Communicating With Detectives and Prosecutors
Once a criminal defense attorney becomes involved, the attorney can become the primary point of contact with law enforcement and the prosecutor’s office. Your lawyer may be able to determine what investigators are looking for, whether you are considered a witness or a suspect, whether police are requesting another interview, and whether investigators are seeking access to your phone, DNA, documents, or other evidence.
In many cases, an attorney may also provide favorable information to investigators or prosecutors before charges are filed.
6. Presenting Your Side Before Charges Are Filed
One of the most significant advantages of early representation is the opportunity to present potentially exculpatory evidence (evidence that points toward a defendant’s innocence) before a prosecutor decides whether to file criminal charges.
This does not mean that every client should speak with police or provide evidence immediately. That decision should be made carefully.
In some cases, the most effective pre-file strategy may be to take no immediate action at all. After learning the facts and evaluating the risks, an experienced criminal defense attorney may determine that contacting investigators, providing additional information, or attempting to explain the situation could actually make matters worse. Having counsel involved early allows the client to make that decision strategically rather than reacting out of fear or pressure.
However, when the evidence supports it, a defense attorney may be able to identify inconsistencies, credibility problems, missing evidence, or legal weaknesses in the government's case.
7. Preparing for the Possibility of an Arrest
Sometimes an investigation will still result in criminal charges. If an attorney is already involved, the client may be better prepared for what comes next. Counsel can discuss bail, surrender arrangements, court appearances, potential defenses, and other issues before the client is unexpectedly arrested.
Early cooperation with the detective can also have practical benefits. When defense counsel has established a professional working relationship with the investigating detective and arranges for the client to surrender voluntarily, the detective may be more willing to support—or at least not oppose—a release without the client having to post substantial bail, depending on the circumstances of the case and the court’s decision. This can potentially save the client a significant amount of money while making an extremely stressful process more controlled and organized.
8. Avoiding Contact With the Alleged Victim or Witnesses
A person under investigation may feel tempted to contact the person making the accusation in an attempt to explain, apologize, or resolve the situation. That can be extremely risky.
The communication may later be interpreted as intimidation, manipulation, or an attempt to influence a witness. A defense attorney can advise the client about what communications should be avoided while the investigation is pending.
Under Criminal Investigation? Contact a LA Criminal Defense Attorney Now
If you believe you may be under criminal investigation in Los Angeles County, do not assume that you should simply wait to see what happens. The earlier an attorney becomes involved, the more opportunity there may be to preserve evidence, evaluate the allegations,interview witnesses, communicate with investigators when appropriate, and prevent unnecessary mistakes.
Even when the best strategy is to wait and avoid taking action, that decision should be made deliberately and with a full understanding of the risks. Early legal advice can help ensure that you do not unintentionally strengthen the prosecution's case while the investigation is still developing.
Stephen G. Rodriguez & Partners represents individuals facing serious criminal investigations throughout Los Angeles County. If detectives have contacted you or you believe you are under investigation, contact our office (213-481-6811) to discuss how early legal representation may help protect you.