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In many situations, when a serious crime is committed in Vegas or elsewhere in Clark County, Nevada, police are not able to immediately arrest the person who committed the offense and prosecutors are not able to press charges immediately.
Instead, an investigation must be conducted so police can determine who to charge. The goal of the pre-file investigation, or the investigation before charges are filed, is to gather the evidence necessary so when a person is arrested and a prosecutor files charges, there will be enough for the case to move forward.
A pre-file investigation can be used to obtain evidence necessary to secure an indictment or to ensure that when a prosecutor brings charges, they won’t be dismissed for lack of probable cause. Pre-file investigations or pre-arrest investigations usually do end up with an arrest and with charges being filed, so if you are under investigation, your future is in peril.
You should take it very seriously if you are being investigated for any criminal offense. In fact, if police are talking with you at all, even if they claim they just want you to provide information as a witness during a pre-arrest investigation, you should be very cautious about what you say and do. You never know if you are actually a suspect who police are investigating or who a prosecutor is considering bringing charges against.
Being represented by a Vegas defense lawyer is important during a pre-arrest or pre-file investigation because you have many rights under the Constitution that can help to protect you from unfair investigating techniques. You don’t want your future to be jeopardized because you inadvertently provide police and prosecutors the information they need to move forward with arresting and prosecuting you, so you should have an attorney with you at all times when interacting with law enforcement officials.
LV Criminal Defense has provided representation to many clients during a pre-arrest or pre-file investigation. Our goal is always to help ensure that the case never moves on to the stage where you are arrested or charges are actually filed against you.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
The sooner you get our legal team involved in protecting your rights during the investigation, the better the chances that you’ll avoid having a case move forward against you. To find out more, give us a call today.
When a crime is reported or police discover evidence of wrongdoing, an investigation is opened to determine who the perpetrator is. This is especially true when the offense is a serious one such as:
If police have reason to suspect you were guilty of these or other offenses, you will become the target of a pre-arrest or pre-file investigation.
Police will review physical evidence, if any, connected with the offense and will take statements from the victim and any witnesses. If they have reason to suspect that you are the perpetrator, they may ask you to answer questions.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
You need to remember that you have the right to remain silent and you never have to say anything to incriminate yourself.
If you are not under arrest but police ask you to answer questions, you are not obligated to go with the police to the station or to stay with them and respond to their queries. You do not have to allow them to search you or your property without a warrant, and although you cannot obstruct justice, you don’t have to be an active participant in the pre-arrest investigation by providing police with information about your whereabouts or any other personal details.
Anything that you say during a pre-arrest or pre-file investigation can be used by police to help make their case against you and can be turned over to prosecutors who can make the decision to file charges if they believe they have enough evidence to prove your guilt beyond a reasonable doubt.
Because the information you provide could be used to make a case against you, or even simply to contradict a later version of events you offer to undermine your credibility, you should be cautious about saying anything to law enforcement. Even seemingly benign statements could potentially come back to haunt you.
You will typically know that you are under investigation because of the way in which law enforcement officials treat you. If police want to informally or formally question you; or even if they simply leave their card at your door and say they want to talk with you about the crime, you should assume you are a potential suspect and should act accordingly in obtaining legal advice.
By reaching out to an attorney early in the pre-arrest investigation, your attorney can potentially help you to prevent charges from ever being filed.
Nicholas Wooldridge will assist in developing the right strategy for responding to the investigation, whether this includes techniques such as pre-arrest mediation to find solutions for victims or advising you on interactions with police, your chances of avoiding charges are far better if you have an experienced legal advocate representing you.
Las Vegas Metro Police Department
400 S. Martin L. King Boulevard
Las Vegas, Nevada 89106
702-828-3394
Federal Bureau of Investigations
1787 West Lake Mead Boulevard
Las Vegas, NV 89106
(702) 385-1281
5 Star35 reviewsLV Criminal Defense will be there for you during the entirety of a pre-arrest or pre-file investigation. Our Nevada defense attorneys can help clients under investigation for any type of criminal conduct, including in circumstances where you are accused of sexual assault, white collar crimes, fraud offenses, hit-and-run accidents, or violent offenses. We will work very hard to fight for your rights and help reduce the chances the case will move forward with your arrest and charges being filed.
If charges are actually filed, our compassionate and knowledgeable legal team is also prepared and ready to fight on your behalf in court or to negotiate a plea deal for you.
It helps to have an attorney who has been there with you throughout the investigation if you end up facing charges, so give us a call as soon as you can when you’re under investigation to get help and support from our Las Vegas criminal defense team.
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Procedure in Criminal Cases