What is Pre-Charge Representation?
Pre-Charge representation is where you hire a lawyer to represent you before you are formally charged, usually during the investigative stage of a case.
A case is usually initiated when someone calls the police and make a report of criminal conduct committed against that person, or against that person’s child. That person is usually called the victim. Historically, that person was labelled the complainant.
When a person makes a report, the police department will initiate an investigation. For example, law enforcement will go to the scene of a crime and interview witnesses, take photographs, take DNA samples, obtain fingerprint samples, seize drugs, seize weapons, seize clothing, record statements, wear body worn cameras, obtain squad videos. After the date of offense, they may interview other witnesses. The last step usually involves interviewing the suspect, or defendant.
This will be initiated, usually by a telephone call to the suspect. The police will request that the suspect come to the police department that day, or, the next morning, to make a “voluntary” statement. The police want a “voluntary” statement, where you are not in custody, because then they do not need to read you your Miranda Warning. https://en.wikipedia.org/wiki/Miranda_warning The police will try and schedule the appointment very quickly, so that the suspect will come in a make a statement, before he has time to hire a lawyer. It is a tactic to avoid the person retaining a lawyer.
The most common type of case needing Pre-Charge representation usually involves an allegation of criminal sexual conduct. A typical scenario is where a parent has called the police, with a report that the suspect had sex relations of some sort with their child, usually their daughter. Then, an investigation begins, culminating in the police seeking a statement from the suspect/defendant.
If a person is contacted by the police about going into the station to give a statement, they absolutely MUST NOT DO SO. Instead, they need to immediately hire a Minnesota Criminal Defense Lawyer. Very often, if a person had not made any statements, they would not have been able to be criminally charged ever. The convicting piece of evidence in criminal cases usually are the statements of the suspect.
In the United States, the Constitution was enacted to protect us; it benefits us. Accordingly, we should take advantage of our Constitutional rights. One such right is the right to remain silent. You should ALWAYS remain silent. You can do so politely: Just say:
I don’t want to talk, and, I want a lawyer.
Once you invoke your right to remain silent, the police are no longer allowed to ask you questions.
If you are contacted by the police for a statement, you should immediately hire Minnesota Criminal Defense Lawyer Lynne Torgerson, a lawyer of excellence and experience, at (612) 339-5073. You need to remain silent, and let Ms. Torgerson protect your rights, and communicate with law enforcement for you, so you don’t have to. Sometimes, Ms. Torgerson is even able to avoid having criminal charges brought at all.