Pre-File Investigations

Charges yet to be filed, but you hear that police officers want to speak to you. Should you go in and talk to them or seek legal advice?

ARE YOU THE SUBJECT OF A PRE-FILE INVESTIGATION?

GET AN EXPERIENCED CRIMINAL DEFENSE LAWYER!

I speak to people all the time who have been told by lawyers to wait until they have been arrested before calling them. 

That’s just bad advice from a lazy defense attorney. There is always something that can be done to improve a client’s standing with law enforcement, and it is your criminal defense attorney’s job to do everything they can.

If you believe you are being investigated or if you have been asked to speak to law enforcement, a defense lawyer can help ensure your rights are protected and challenge the information-gathering process, so it is by the book. Often, just asking the district attorney for time to look into a few matters will keep law enforcement at bay.

Did You Know That Police Officers Are Allowed To Lie To You?

A police officer can contact you, meet with you, and swear that they will not arrest you if you just tell them your side of the story while they have every intention of handcuffing you and sending you to jail. It’s practically in their job description. They know they have leverage against you, plus the institutional power to play games with you to get you to admit certain facts. And even if you do not admit to committing a crime, you may inadvertently admit to facts that make it easier for the government to prosecute you for a crime later on.

Ultimately, you should distrust everything a police officer tells you. The technical elements of a crime are not always clear. Don’t admit to critical elements and make it easy for authorities to prosecute you and send you to jail.

DIY Defense Is Never a Good Idea

If a police officer contacts you, call a lawyer. Only a lawyer can speak for you, and only a lawyer will know how to poke holes into the pre-file investigation. A skilled defense lawyer has gained insight into the inner workings of the justice system, and an attorney knows where to look for errors, processing problems, and more.

On countless occasions, I’ve helped clients being investigated for serious crimes have all the charges against them dropped. Too often, police reports are incomplete; they’re missing important details while simultaneously being used to justify an arresting officer’s decision to take someone to jail. 

This is completely unacceptable. After conducting my own investigations, demonstrating the lack of credible evidence, interviewing witnesses, and sharing that information with the prosecuting authorities, I’ve helped my clients avoid being railroaded by the authorities.

Police officers are human beings who are called upon to handle stressful situations. They make mistakes and can cut corners, just like everyone else. However, police misconduct or laziness can have lifelong consequences for the individuals they go after. I have handled first-degree felony cases where arrests were made, and the State was seeking decades in prison–but neither the police nor the State Attorney’s Office had interviewed witnesses who were there at the scene of the alleged crime.

You cannot underestimate the institutional incompetence of the criminal justice system.

PROTECT YOUR RIGHTS FROM THE START WITH MIKE G LAW

The most crucial time to contact a lawyer is right after you hear that the police want to speak to you. Police officers often have to make decisions and arrests based on information that may not always come from the most reputable sources. They receive false and exaggerated claims and often work with just one part of the story. You need a strategy for a pre-file investigation that only an experienced criminal defense lawyer can provide.

At Mike G Law, one of our specialties is representing people under pre-file investigation by law enforcement, including the Office of the State Attorney. If a cop gets a call from Mike G Law, they know they will be expected to conduct a serious criminal investigation. I ensure the police officer’s report is supplemented with facts I have uncovered that they may not have. This has undoubtedly led law enforcement to abandon criminal cases because they understood that anything less than a complete, thorough investigation would be required if they were going to face Mike G Law.

Because I invest in my own investigations and speak to everyone involved in the matter, authorities in Hillsborough County know that I offer my clients a comprehensive defense right from the beginning pre-file investigation. There is no waiting until charges are filed. To ensure the investigative process is fair and complete, I start defending my clients the moment they hire me.

WORK WITH CRIMINAL DEFENSE LAWYER MIKE G LAW

When you hire Mike G Law, my team immediately swings into action. I will ask you to go home and prepare your own detailed report of everything relevant that has occurred. I tell clients I want them to convey every detail they can think of, from their brains to mine.

This information allows me to provide my clients with the best possible defense. I suggest they keep an electronic journal and update it as they recall additional facts. I want text messages, videos, pictures, and the names and contact information of everyone with relevant information.

I also have witnesses come in on a weekly basis to sign affidavits I’ve prepared, committing them to a specific set of facts before the police or the government has had an opportunity to intimidate them into a favorable spin of reality meant to aid in prosecution.

In other words, we conduct a competent, thorough, and exhaustive investigation of our own. At Mike G Law, we pride ourselves on dealing with cases before they even get to court. 

Criminal defense is war — and a person’s dignity and freedom are at stake. Before the government tries to take those away, they better have hard, credible evidence. I will make sure they do before they even think about charging my clients.

My firm can help you or your loved one rebuild their lives and avoid incarceration. Call my office at 813-221-4303, or contact me online for a free consultation. Se habla Español.

FAQs

How long does a police investigation take?

The length of a police investigation in Florida can vary widely depending on the case’s complexity, the amount of evidence involved, and the resources available to the investigating agency. Some investigations can be resolved relatively quickly, while others may take months or even years to complete.

The Florida Department of Law Enforcement recommends that investigations be completed as quickly as possible to ensure justice is served for all parties involved. However, the agency also recognizes that certain investigations, particularly those involving complex offenses such as fraud or white-collar offenses, may take longer to investigate.

What are the signs you’re under pre-file investigation? How do you know if the police are investigating you for drugs or something else?

It can be difficult to know, as law enforcement agencies often keep their investigations confidential. However, there may be some signs that can indicate that you are the subject of an investigation:

• Increased police presence: If you notice an increase in law enforcement in your neighborhood or around your workplace, it could be a sign that they’re investigating criminal activity in the area, including drug-related crimes.
• Surveillance: If you notice suspicious individuals or vehicles parked outside your home or following you, it could be a sign that you are under surveillance.
• Informants: If you are associated with people involved in criminal activity, they may provide information to law enforcement in exchange for leniency or other benefits. In some cases, informants may even be undercover officers.
• Search warrants: If law enforcement obtains a search warrant for your home or property, it strongly indicates that they suspect you of criminal activity, including drug-related crimes.
• Questioning: If law enforcement officers approach you and begin questioning you about your activities or associates, it could be a sign that you are a suspect in a criminal investigation.

If you suspect you are under a pre-file investigation, it is critical to consult with Mike G Law as soon as possible to protect your rights and help you understand your legal options.

What if I have a high-profile case?

A high-profile case will often attract a significant amount of media attention. The public may have a heightened interest in high-profile cases, which can lead to increased scrutiny of the investigation and pressure on law enforcement to make an arrest or file charges. In some high-profile cases, witnesses may be reluctant to come forward or intimidated by the media’s attention, making it more difficult for law enforcement to gather evidence.

High-profile cases may also involve political considerations, such as concerns about public safety or maintaining public trust in law enforcement.

Additionally, high-profile cases often require significant resources to investigate, which can strain law enforcement agencies and impact the investigation timeline.

Due to these factors, pre-file investigations in high-profile cases can be more complex and may take longer than investigations in other cases.

Can you be under pre-file investigation but not charged?

Yes, it is possible to be under investigation by law enforcement without being charged with a crime. A pre-file investigation, which takes place before charges are filed, is one example of a situation where someone may be under investigation but not yet charged.

In some cases, law enforcement may conduct a pre-file investigation and determine that there isn’t sufficient evidence to support criminal charges. In other cases, the investigation may be ongoing, and charges may be filed later if additional evidence is discovered.

It is crucial to keep in mind that being under investigation can have serious implications, even if charges are never filed. An investigation can impact your reputation, employment, and other aspects of your life.

When do police stop investigating a case?

The investigation of a case can stop at different stages depending on the circumstances of the case. Here are some reasons why an investigation may stop:

• Lack of evidence
• Arrest and charges against a suspect
• Lack of resources to pursue the investigation
• If a case is deemed “unsolvable” due to a lack of leads or other factors
• The statute of limitations expires

It is important to note that even if the police close an investigation, the case may still be reopened if new evidence is discovered or if circumstances change. Additionally, it’s possible that the police may continue to investigate a case even after charges have been filed and an arrest has been made to gather additional evidence or build a stronger case.

How long do the police have to charge you with a crime?

The amount of time that the police have enough evidence to charge you with a crime in Florida depends on the specific crime you are accused of committing. Here are the statutes of limitations for some common criminal offenses in Florida:

• First-degree murder: No statute of limitations
• Capital sexual battery, lewd or lascivious offenses on a victim under 16 years old, or sexual performance by a child: No statute of limitations
• Felony that results in death: 4 years
• Felony: 3 years
• Misdemeanor: 2 years

There are exceptions to these statutes of limitations. For example, if the accused leaves the state, the statute of limitations may be “tolled,” or paused, until they return. Additionally, if DNA evidence is involved, the statute of limitations may be extended.

Do you have the right to know if you are the subject of a pre-file investigation?

In the state of Florida, no law requires law enforcement to inform you if you are the subject of a search warrant or an investigation. However, if law enforcement wants to question you or conduct a search of your property, they are generally required to inform you of your rights, including your right to remain silent and your right to an attorney. Additionally, if you are arrested or charged with a crime, you have the right to know the charges against you.

If you suspect you are being investigated by state or federal law enforcement, consulting with a criminal defense attorney is always a good idea. Mike G Law can help you understand your legal rights and work to protect your interests throughout the investigation and any subsequent legal proceedings.