If you’ve learned that law enforcement is investigating you (but no charges have been filed yet) you may be in the middle of what’s known as a pre-charge investigation. For many people in Seattle and across Washington, this stage is confusing and stressful because everything feels uncertain.
Understanding the possible outcomes of a pre-charge investigation can help you make informed decisions and protect your rights before the situation escalates. Here’s what you need to know.
What Is a Pre-Charge Investigation?
A pre-charge investigation occurs before prosecutors formally file criminal charges. During this phase, police and investigators gather evidence, interview witnesses, and sometimes question the person under investigation.
Once the investigation is complete, the case is typically referred to a prosecutor – such as the King County Prosecuting Attorney’s Office – for a charging decision.
Please note that being investigated does not mean you will be charged.
Possible Outcomes of a Pre-Charge Investigation
- No Charges Filed (Case Declined)
One of the most common, and best, outcomes of an investigation is that no charges will get filed.
This may happen if:
- There is insufficient evidence against you,
- Witness statements are inconsistent or unreliable,
- The alleged conduct does not meet the elements of a crime, and
- The prosecutor determines the case is not provable beyond a reasonable doubt.
In these situations, the investigation may quietly close without any court filing. But note that this doesn’t always mean the matter can’t be reopened later, depending on the circumstances.
- Further Investigation Requested
Sometimes prosecutors determine that the evidence is incomplete and ask law enforcement to do more work.
“Additional work” can involve:
- Additional witness interviews,
- Forensic testing,
- Digital evidence review (like review of texts, emails, or social media), and
- Follow-up statements from the accused.
While frustrating, this outcome means no charging decision has been made yet, and early legal representation can still influence how the investigation proceeds.
- Referral to an Alternative Resolution or Diversion
In certain cases, especially low-level or first-time offenses, the prosecutor may consider alternatives to formal charges.
“Alternatives” can include:
- Pre-filing diversion programs,
- Community-based resolutions, or
- Informal agreements that avoid criminal court.
If successfully completed, these options can result in no criminal charges and no conviction, making early advocacy critical.
- Filing of Criminal Charges
If the prosecutor believes there is sufficient evidence, they may file formal charges in court.
Once this happens:
- You may receive a summons or be arrested,
- The case becomes part of the public court record, and
- Court deadlines and appearances begin immediately
At this point, the case moves from investigation to active prosecution, often in King County Superior Court or a Seattle municipal court.
- Delayed or “Pending” Charging Decision
In some cases, a file may sit in a pending status for weeks – or even months – without a clear decision.
This can occur when:
- Prosecutors are backlogged,
- Key evidence is missing, or
- The case is low priority.
While no action is taken immediately in these cases, the uncertainty alone can have serious personal and professional consequences.
Why the Pre-Charge Stage Is So Important
The pre-charge phase is often the best opportunity to influence the outcome of a criminal case.
An experienced criminal defense attorney can:
- Communicate with investigators and prosecutors on your behalf,
- Prevent you from making statements that could harm your case,
- Present exculpatory evidence early, and
- Advocate for declination or diversion before charges are filed.
Once charges are filed, many of these opportunities narrow significantly.
Contact Black & Askerov for Help
At Black & Askerov, our Seattle criminal defense lawyers have been representing clients in a wide range of cases for over 30 years. We understand how to start crafting a defense in the pre-charge stage, and we know how to present persuasive arguments at trial or in the plea-bargaining process. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
* Main image at top by freepik
