Criminal Investigations: What to Do Before Charges Are Filed
The moment you realize you are being watched, everything changes. Perhaps law enforcement left a card at your door, or a friend mentioned that investigators were asking questions about you. Maybe you were detained, questioned, and released without being booked.
This is known as the pre-filing stage of a criminal case. It is a terrifying limbo where you haven’t been charged, but you aren’t free either.
Many people make the mistake of waiting. They think, “I haven’t been arrested, so I don’t need a lawyer yet.” This is a dangerous misconception. The time before charges are filed is often the most critical window of opportunity in your entire case. It is the only time your defense team can work to prevent the fire rather than just fighting the flames.
At The Win Law Firm, we know exactly how the other side operates. Led by Kenny Nguyen, a former prosecutor, we understand the playbook law enforcement uses to build a case against you. Here is what you need to know—and do—immediately if you suspect you are under investigation.
What Does It Mean to Be Under Criminal Investigation?
A criminal investigation is the process law enforcement uses to gather evidence to determine if a crime was committed and who is responsible.
Just because you haven’t been handcuffed doesn’t mean you are safe. Police often delay arrests to build a stronger case, waiting for DNA results, financial records, or—most commonly—a confession.
Common signs you are under investigation include:
- Police attempting to contact you for a “friendly chat.”
- Investigators visiting your workplace, home, or neighbors.
- Receiving a target letter from a prosecutor’s office.
- Search warrants being executed on your property or digital devices.
- Social services (like CPS) contacting you regarding your family.
Should I Speak to the Police Without a Lawyer?
No.
This is the single most important rule of criminal defense. You might believe that if you just explain your side of the story, the police will understand and walk away. You might think, “I’m innocent, so I have nothing to hide.”
Police officers are trained in interrogation techniques designed to produce inconsistencies and admissions. They are legally allowed to lie to you during an investigation. They may say they “just want to clear things up” or that “you’re not in trouble.”
Why you should remain silent:
- Anything you say can be used against you. Even innocent statements can be twisted to fit a narrative of guilt.
- You cannot talk your way out of an arrest. If they have probable cause, they will arrest you regardless of what you say. If they don’t, your statement might give them the missing piece they need.
- You lock yourself into a story. If you misremember a small detail due to stress, it can be used later to paint you as a liar.
Politely decline to answer questions. Memorize this phrase:
“I am asserting my right to remain silent and my right to an attorney. I will not answer any questions without my lawyer present.”
What is Pre-Filing Representation?
Pre-filing representation (or pre-charge defense) is when you hire a defense attorney during the investigation phase, before the District Attorney has officially filed charges.
At this stage, the goal isn’t just to win a trial—it’s to stop the trial from ever happening.
How The Win Law Firm helps during the pre-filing stage:
- Intervention: We contact law enforcement and the prosecutor immediately, directing all future communication to us. This puts a “shield” between you and the investigators.
- Evidence Preservation: Police look for evidence of guilt. We look for evidence of innocence. We can subpoena surveillance footage, save text messages, or interview witnesses before their memories fade.
- Lobbying the Prosecutor: Prosecutors have discretion. We can present a “mitigation package” or exculpatory evidence to the DA, arguing that the case is weak, legally flawed, or simply not in the interest of justice to pursue.
- Surrender Negotiation: If an arrest is inevitable, we can negotiate a voluntary surrender, potentially avoiding a public arrest at your home or workplace and arranging for lower bail immediately.
How Can I Protect Myself While Waiting?
While your attorney handles the legal strategy, there are practical steps you must take to avoid making the situation worse.
1. Stay Off Social Media
In the digital age, your Facebook, Instagram, or TikTok is the first place investigators look. Do not post about your case. Do not post about your “stress.” Do not post photos of yourself partying or traveling. Even “private” posts can be subpoenaed. Go dark.
2. Preserve Your Own Evidence
Do not destroy anything. Deleting texts, throwing away receipts, or wiping a hard drive can lead to additional charges for “destruction of evidence” or “obstruction of justice.” However, you should secure evidence that helps you. Back up text messages, save GPS data that proves your location, and compile a list of potential witnesses.
3. Do Not Discuss the Case with Anyone
Do not talk to your friends, your family, or your cellmates if you are detained. Anyone you speak to can be subpoenaed and forced to testify against you. The only person you should discuss the facts of your case with is your attorney, where conversation is protected by attorney-client privilege.
What Happens if Police Have a Search Warrant?
If the police show up with a search warrant, you cannot stop them. Do not physically resist or argue; this will only lead to additional charges.
However, you still have rights:
- Read the warrant: It must specify the areas to be searched and the items to be seized. If they are searching for a stolen car, they have no right to look inside your jewelry box.
- Do not consent to expanded searches: If they ask, “Do you mind if we look in here?” say NO. Make them stick to the limits of the warrant.
- Remain silent: Watch the search, take notes if possible, but do not answer questions about who owns what item.
Can a Lawyer Stop Charges From Being Filed?
While no attorney can guarantee a specific outcome, hiring a lawyer early significantly increases your odds of a favorable result.
Prosecutors are busy. They want to file cases they can win. If a former prosecutor—like Kenny Nguyen—steps in early and points out the holes in the evidence, the constitutional violations in the investigation, or the lack of credibility of the accuser, the DA may decide the case isn’t worth filing.
We have successfully helped clients in Nevada County and surrounding areas avoid charges entirely by intervening before the paperwork ever hit the court clerk’s desk.
Conclusion: The Clock is Ticking
The days and weeks following the start of an investigation are stressful, but they are also precious. You have a head start. Do not waste it hoping the problem will go away.
At The Win Law Firm, we use our background in prosecution to dismantle cases before they are built. We fight to protect your reputation, your freedom, and your future.
Don’t face the power of the state alone.
Contact The Win Law Firm Today
If you suspect you are under investigation, time is of the essence. Contact us immediately for a consultation. Let us put our experience to work for you.
Contact The Win Law Firm to schedule a consultation.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance specific to your case.
Frequently Asked Questions (FAQ)
Can I just talk to the police to clear my name?
It is rarely a good idea to speak to the police without a lawyer. Police are trained to find inconsistencies in your story. Even if you are innocent, nervousness or a simple memory lapse can look like a lie. It is safer to have your attorney speak on your behalf.
What if the police say I’m not a suspect?
Police often tell people they are merely “witnesses” or “persons of interest” to lower their guard. Your status can change from witness to suspect in a heartbeat based on what you say. You should always consult with an attorney before answering questions.
How long does a pre-file investigation take?
There is no set time limit. Investigations can last weeks, months, or even years depending on the complexity of the case and the backlog at the crime lab. However, the “Statute of Limitations” sets a legal deadline for how long the state has to file charges for specific crimes.
Will hiring a lawyer make me look guilty?
No. Hiring a lawyer makes you look smart and prepared. Police and prosecutors expect people to exercise their rights. It signals to them that you are taking the matter seriously and that they will have a fight on their hands if they proceed with a weak case.
What is a “Target Letter”?
A target letter is a notification from a prosecutor stating that you are the specific target of a grand jury investigation. If you receive one, it is a clear sign that you are in legal danger and need to retain counsel immediately.