PRE-CHARGE REPRESENTATION

Is legal representation necessary during the “pre-charge”- or "pre-indictment"- phase of an investigation?

Sometimes an individual may have reason to believe they are being investigated for possible criminal activity. A police officer, detective or other investigatory agent may contact you for information about an ongoing investigation. Under these circumstances, retaining an experienced criminal defense attorney can be critical in helping you protect yourself, communicating to any investigative officers on your behalf, and in formulating a strategy to prevent charges from being filed.

What services can an attorney provide if I haven’t been charged with a crime?

If you are concerned enough to ask whether or not you need an attorney, chances are that you do. Even if only for brief advice, an attorney can help put your mind at ease by providing information on steps you may take to possibly avoid criminal charges.

There are times when criminal charges may be imminent, but hiring an experienced criminal defense attorney, can result in convincing a prosecutor not to proceed against you. Some examples of steps the attorney may take are:

•
 Writing a letter of representation to the agent conducting an investigation and advising him/her to direct all future contact with you through the attorney;
•  Providing sensitive information to the prosecutor in a way that allows you to cooperate in an investigation and not be prosecuted due to your assistance;
•  Assisting you in participating in a polygraph and/or risk-assessment testing on a confidential basis, where the results of such exams would not be revealed to the prosecution or investigator, unless helpful to you. Such exams may even help to exonerate someone and remove him/her as a target of an investigation;
•  Speak with potential witnesses and gather exculpatory evidence in preparation of answering charges that appear to be imminent, but not yet filed.
•  Inform the Prosecutor that you would like to present evidence to the Grand Jury in the event the State decides to seek an indictment.

The above list is not exhaustive, but gives you the idea that an experienced, well-respected criminal defense attorney does have resources to assist a client during what may be a very stressful time. At the Gillespie Law Firm, P.C. we have often been able to provide invaluable assistance to clients who have not yet been charged with any offense. There are many occasions when such assistance has resulted in convincing the prosecution not to file charges against our clients.



The Gillespie Law Firm, P.C. is a leading Phoenix, Arizona DUI and criminal defense law firm dedicated to the aggressive representation of clients involving all aspects of vehicular crimes and criminal litigation. We handle cases in Federal, State, Municipal, Juvenile, and Appellate Courts throughout the greater Phoenix Metropolitan Area and all of Arizona.

 
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