Being contacted by law enforcement before formal criminal charges are filed can be confusing and intimidating. This stage of the criminal law process is often called a pre-charge investigation (or sometimes a “pre-filing investigation”). It is one of the most critical phases in the criminal justice process, and what you do, or don’t do, during this time can significantly impact your future.

What Is a Pre-Charge Investigation?

A pre-charge investigation occurs when police or prosecutors are gathering evidence and considering whether to file criminal charges.

During this phase, no case has been filed in court yet, but you may already be under suspicion of committing a crime.

In Washington, this stage can happen in cases ranging from DUI and theft to serious felony allegations.

What is Law Enforcement Doing During a Pre-Filing Investigation?

During this period, investigators may be doing any of the following:

  • Collecting evidence such as documents, phone records, or surveillance footage,
  • Interviewing witnesses to piece together their version of events,
  • Attempting to contact you for a voluntary statement or interview, and
  • Working with prosecutors to evaluate whether there is enough evidence to support formal charges.

Why This Stage Is Critical

Although it may feel like “nothing is happening,” the decisions being made in a pre-charge investigation could determine whether you are ever charged at all.

Sometimes, with the right legal advocacy, prosecutors decide not to file charges or to reduce the severity of what they pursue.

Common Mistakes Suspects Make

Please note that during this stage, suspects make a few common mistakes that may jeopardize their future. These mistakes include:

  • Talking to police without an attorney – know that anything you say can be used against you later.
  • Ignoring the situation – waiting until charges are filed often eliminates opportunities to resolve issues early.
  • Failing to preserve evidence – texts, receipts, or witnesses that support your side may disappear if not secured promptly.

How a Defense Attorney Can Help

It is critical that you contact a skilled criminal defense attorney if you are the subject of a pre-filing investigation. An experienced Washington criminal defense attorney can:

  • Communicate with law enforcement on your behalf, protecting you from self-incrimination,
  • Present evidence or mitigating factors to prosecutors before charges are filed,
  • Advise you on whether to give a statement, decline an interview, or negotiate alternatives, and
  • Work to stop charges from ever being filed, or to limit them to something more manageable.

Frequently Asked Questions (FAQs)

Can you be arrested during a pre-charge investigation?
Yes, it is possible. If police believe they have probable cause, they may make an arrest before charges are officially filed. However, in many cases prosecutors will review the investigation first.

How long does a pre-charge investigation take in Washington?
There is no set timeframe—it can last weeks or even months depending on the complexity of the case and how quickly evidence is gathered.

Do you have to talk to the police if they contact you?
No. You have the right to remain silent and should exercise it until you have spoken with an attorney. Anything you say can later be used in court.

Can an attorney really prevent charges from being filed?
In some cases, yes. A defense lawyer may provide evidence, context, or mitigating factors to prosecutors that persuade them to decline filing charges or to pursue a lesser offense.

What should you do if you find out you are under investigation?
Contact a criminal defense attorney immediately. Do not speak with law enforcement, sign documents, or make statements without legal advice.

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!