The Importance of Getting Ahead of Texas Criminal Charges

 Posted on February 07, 2025 in Criminal Defense

Although criminal charges can occasionally come out of left field, in many cases, an individual is aware that he or she could be under investigation by law enforcement. If you suspect you could be under investigation, it is extremely important to be proactive.

Rather than waiting in dread until you are arrested, getting ahead of the situation can ensure your rights are protected while positively influencing the outcome of the potential charges. It can be very beneficial to speak to a knowledgeable Cooke County, TX criminal defense lawyer who can guide you through a pre-file investigation.

What is a Pre-File Investigation?

If police think you may have committed a crime, but no formal charges have been made, this is known as a pre-file investigation. During a pre-file investigation, evidence is gathered, and interviews are conducted to determine whether there is sufficient evidence to charge you with a crime. At this stage, law enforcement could also be conducting surveillance (including video and audio recordings) and observing your behavior.

Every interaction you have with law enforcement can impact the outcome of the criminal charges. When an experienced criminal defense attorney intervenes early on, it can prevent you from saying something that might inadvertently strengthen the case against you. A skilled attorney may also be able to present exculpatory evidence that will convince the prosecutor not to file charges.

What Should I Do if I Think I Am Being Investigated?

The first thing you must do if you believe you are being investigated for a crime is speak to an attorney. You should also take note of the following tips if you believe you are under investigation for a criminal offense:

• Never make a statement to anyone in law enforcement – including investigators for the police or prosecutor – without first speaking to an attorney.
• Do not talk about the potential charges (or the criminal act that triggered an investigation) to anyone, including family members or friends.
• Be careful what you say on the phone or even in your home in the event you are being listened to by law enforcement.
• Never voluntarily consent to a search of your property, belongings, or person unless the police have a valid search warrant signed by a judge.
• If you have any evidence that supports your innocence or otherwise supports your case against criminal charges, make sure that evidence is properly secured. This might include witness contact information, text messages or emails, and your own account of the alleged criminal offense.
• If law enforcement has a warrant, do not attempt to obstruct them, but do read the warrant carefully and contact your attorney immediately. The warrant should have a "scope," meaning it will detail what areas can be searched.
• If law enforcement asks you to make a "voluntary" statement, do not say anything until you have spoken to your lawyer.

Ways Your Attorney Can Help You During the Pre-File Investigation

As noted, the outcome of your potential criminal charges can benefit from strategic legal intervention, including negotiating with the prosecutor to reduce the anticipated charges or ensure that charges are not filed at all. Your attorney can gather evidence that supports your version of events regarding the alleged crime and secure expert testimony from those who can challenge the prosecutor’s version of events. Finally, your attorney will be prepared for a variety of scenarios, ensuring you are in the best possible position regardless of what police or prosecutors do.

Contact a Denton County, TX Criminal Defense Lawyer

Every case and every defendant are unique in some way, requiring a comprehensively tailored approach. When you choose a highly qualified, experienced Cooke County, TX criminal defense attorney from Magaña & Van Dyke, you have taken an important step toward safeguarding your future. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.