D'Amore Law Firm Articles Pre-File Investigations: Prevention as a form of Criminal Defense

Pre-File Investigations: Prevention as a form of Criminal Defense

By D'Amore Law Firm  Feb. 17, 2011 4:26p

Even before formal charges have been filed against a defendant, with a pre-file investigation a criminal defense attorney may be able help the defendant avoid criminal charges in the first place. This early representation may actually make a significant difference in the outcome of a case, allowing the defendant the opportunity to possibly avoid charges and a criminal court trial entirely.

The criminal process does not necessarily begin when a person is arrested for committing a crime. It really begins when a person is first under investigation for a suspected offense, either because someone has reported a crime or because law enforcement has some reason to suspect that a person has committed an illegal act of some kind. At times, a person may not even know that they are under investigation until they are under arrest. Surveillance may be carried out in an entirely clandestine manner. In other cases, law enforcement may ask a suspect to come in for a few questions. In cooperating and submitting to questioning or allowing a search of their property, a suspect may unintentionally incriminate him or herself.

Make no mistake, law enforcement will work aggressively to try to gather sufficient evidence against a suspect to enable the prosecuting attorney to press charges. By intervening as early in the process as possible, a criminal defense lawyer can limit the scope of the investigation against a suspect, advise a person accused of a crime on what to do and what not to do, and can help avoid serious Constitutional rights violations before these lead to formal charges or even a conviction or guilty plea.

No matter what offense a person has been accused of committing, he or she has the right to seek legal counsel at any stage of a case. Working with an attorney can help a suspect or arrestee avoid the common pitfalls that come with forgoing legal counsel early in the process.

Contact a Dallas criminal defense lawyer at D'Amore Law Firm today to talk about your case and how a pre-file investigation may help.

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