There are some situations where you might be investigated for a crime before you are actually arrested or charged with one. These situations are called “Pre-File Investigations.”
- While a crime like possessing a small amount of marijuana for personal use does not normally involve a pre-file investigation, others like being suspected of selling or manufacturing large quantities of drugs for trafficking purposes normally do
Besides drug trafficking, other crimes that can result in pre-file investigations include:
- Car Theft
- Organized Crime Activities
- Gang Activity
- Sexual Crimes
- Internet Crimes
- Human Trafficking or Smuggling
- Dangerous Crimes Against Children
If you suspect that you are the subject of a pre-file investigation in Phoenix, and whether or not you are actually guilty of committing the crime, it is extremely important to consult an experienced, reputable attorney who will aggressively fight to make sure your rights are upheld throughout the entire pre-file legal process.
Why Should You Be Proactive During a Pre-File Investigation?
Because anything you say or do, and whether or not you are actually guilty of committing any crime, might be monitored by authorities that already suspect you of breaking the law. One of the largest mistakes people make during the pre-file investigation process is speaking with authorities because they believe that since they are innocent, cooperating will automatically prove that innocence.
Unfortunately, many times more than not, the exact opposite actually occurs. Therefore, it is essential to understand your rights so that you do not have them violated. Some of your rights during a pre-file investigation include:
- The right to remain silent, even if authorities attempt to convince you that speaking with them is in your best interest
- Your right to invoke the 5th amendment of the United States Constitution, which contextually states (in this case) that you do not have to provide authorities with any information pertaining to your involvement, or lack thereof, in any kind of criminal activity
Finally, be aware at all times that you have the right to consult an aggressive, experienced defense attorney who will fight for you by making sure the authorities uphold your constitutional rights during and beyond the pre-file investigation if necessary. Specifically, during the pre-file investigation stage, a reputable defense attorney with pre-file investigation experience can help*:
- Prevent charges from being filed
- Seek a reduction in any charges that are being filed
- Avoid an embarrassing arrest by assisting with a scheduled surrender
- Divert allegations into an informal resolution, which allows for any potential charges to be settled without seeing the inside of a court room
Trust Phoenix Criminal Attorney with your Pre-File Investigation Defense in Phoenix
One of the most damaging things you can do during a pre-file investigation is waiting until after that investigation results in an arrest to consult an experienced defense attorney. Phoenix Criminal Attorney provides our clients with focused, aggressive legal assistance for pre-file investigations of all types and severities.
We can help defend you against pre-file investigations by making sure your constitutional rights are being protected. We will not stop fighting for your rights, by making sure that every possible legal option and defense strategy is available to you. If you are, or even if you suspect you are facing a pre-file investigation in Phoenix, contact us today for a private, no obligation consultation at 602-551-8092.
*Please note that Phoenix Criminal Attorney does not handle civil forfeiture cases, or obtaining personal property back from law enforcement if it is taken during any law enforcement. We can however recommend a reputable Asset Forfeiture Attorney.