In most criminal cases, there is a delay between a criminal investigation and a prosecutor filing a criminal charge. This period is crucial for a defense attorney to try and convince the state not to charge you with a crime or to reduce the charges that may be brought against you. The actions your attorney takes during a pre-charge investigation can make the difference between being criminally charged and having your charges dropped. You should contact a criminal defense attorney immediately if you believe you are under investigation for a criminal offense. Take advantage of this window and start building your defense. Our criminal defense team will listen to your story and formulate a defense plan that is in your best interest.
Take to the first step in building your defense and contact The Gonzalez Law Group. To schedule a time to speak with us more about your case call (832) 530-4070 or submit your information in the online contact form. The Gonzalez Law Group has 70 years of collective experience defending clients in communities across Harris County including Houston, Deer Park, Pasadena, Pearland, and many others.
Pre-Charge Investigation
The investigation that takes place before charges are formally filed is crucial for prosecutors in building a case against you. A pre-charge investigation, also known as the pre-charge stage, is the period of time where you are under investigation by state prosecutors for committing a crime, but you haven’t been formally charged.
Even though you have yet to be charged, this stage can involve being arrested, questioned, and released without a citation. Police or state prosecutors may also try to contact you and attempt to gather information regarding the criminal allegations. You mustn’t answer any questions from law enforcement officials or prosecutors unless you have legal representation present. We cannot emphasize enough how important it is for you to seek legal representation if you are under investigation for a crime. The sooner you do, the sooner a defense attorney can start working on a defense strategy.
CPS Investigation
There are numerous crimes against children that can result in an investigation by Child Protective Service (CPS) before criminal charges are formally filed. Some of these cases include abuse, neglect, or exploitation. The purpose of a CPS investigation is to determine if a child has been neglected or abused or if they face any long-term or immediate danger.
If a social worker finds evidence to support the allegations against you, the next step is to determine if you, the parent, can manage the threats against a child and keep them safe. If not, the child will be removed from the home and placed in foster care. When a child is removed from their home and placed in foster care, CPS may report their findings to the Attorney General who may, in turn, file criminal charges against you.
You have rights during a CPS investigation. You are not required to answer any questions asked by CPS investigators and should exercise your Fifth Amendment right to remain silent. Admitting that you drink or lose your temper now and then could be blown out of proportion and used to incriminate you.
Restraining Orders
If you have been served a restraining order, it means someone has gone to the court and told a judge they are fearful of you. A restraining order is a pre-charge issue because of the potential for it to turn into a criminal investigation, especially if you are suspected of committing domestic violence.
Once you are served a restraining order, you will have to attend a hearing where you can express to the judge why the order should not be issued. It is imperative that an attorney represents you during this hearing. It’s common for individuals who represent themselves to unknowingly make incriminating statements during cross-examination.
Harris County Criminal Defense Lawyers
Now is the time to act. If you or someone you know is under investigation for an alleged crime, contact The Gonzalez Law Group. Every case that comes through our door is treated with vigilance, and yours is no exception. To schedule a free consultation, call (832) 530-4070 or submit your information in the online contact form.