Under investigation before an indictment in Vancouver, WA Learn how pre-indictment investigations work and how early criminal defense can protect your rights.

Investigations can take weeks or even months prior to the individual being charged with a crime being arrested or formally charged. It is not unusual for law enforcement and prosecutors to investigate an individual or business for several weeks or even months prior to deciding whether or not to charge the individual with a crime or seek an indictment of the individual.

Even if you haven’t been charged with a crime, you may still be the subject of a criminal investigation in Vancouver, WA. You don’t know what evidence the investigators have collected. They may be speaking with your coworkers, family and other business associates. Investigators can contact you directly and/or investigate your conduct prior to indictment by a Grand Jury.

The possibility of early intervention by an attorney to fully advise his/her client as to their legal rights and best ways to respond to the targeted party’s investigated circumstances well before any formal criminal charges are filed by the prosecutor(s) involved in the matter, is a very significant advantage for a party under investigation prior to an indictment being issued in such a matter by a Grand Jury.

What Is a Pre-Indictment Investigation?

The term “pre-indictment investigation” is often used to refer to the criminal investigation prior to indictment by a grand jury. It is referred to as a criminal investigation prior to indictment by the special inquiry judge or grand jury in a corruption investigation.

Law enforcement and the prosecutor’s office investigate the alleged criminal conduct of another. They gather evidence and try the case in front of a grand jury. In some cases, investigators, law enforcement and the prosecutors will contact the principal or others with knowledge of the principal’s criminal conduct before an indictment is returned by the grand jury.

Be unaware of what information the investigators have collected as evidence. At times investigators may contact the targeted individual directly. Other times investigators collect information from the individual’s coworkers, family members, business associates and other witnesses to the alleged misconduct.

Washington laws relating to principals and to the grand jury in corruption cases are outlined in our statutes, RCW 9.73 and others relating to special inquiries.

Pre-Indictment vs. Pre-Charge Investigation

Note that pre-charge investigation and pre-indictment investigation are two similar but not identical terms.

Pre-charge investigation

Pre-charge investigation vs. pre-indictment investigation. A pre-charge investigation is the time before formal charges have been filed by the prosecutor with the court. The investigation and gathering of evidence by police occurred prior to the prosecutor’s determination of charges.

For example, police collect evidence of a crime and after an investigation send a report to the prosecutor who decides whether or not to charge the individual with a crime.

Pre-indictment investigation

The term pre-indictment investigation refers to criminal investigation prior to an indictment having been issued by a grand jury.

An investigation can be by a Grand Jury or other investigative body. Often, the Grand Jury is empowered to hear, examine and investigate evidence concerning criminal activity and/or corruption in order to determine whether there is sufficient evidence to issue an Indictment.

The distinction here between pre-charge and pre-indictment investigations is an important one and can become highly involved as the legal process progresses and a grand jury is brought into the case.

How Does a Pre-Indictment Investigation Begin?

Every criminal investigation starts differently.

An investigation may start because of:

  • A complaint or allegation
  • A police report
  • Information from a witness
  • A business dispute that leads to allegations of criminal conduct
  • Evidence discovered during another investigation
  • Digital or financial records
  • A search warrant
  • Information provided by another person involved in the investigation
  • A referral to prosecutors or law enforcement

When an investigation is discovered it does not necessarily mean that you are the target of that investigation. He or she may be merely gathering information to see if a crime has been committed and if so, whether there is sufficient admissible evidence to charge the individual with said crime.

Signs You May Be Under Criminal Investigation

Remember, Law enforcement does not always tell someone that they are under investigation for a criminal activity.

However, there are some signs that may indicate an investigation is underway.

You may be concerned about a pre-indictment investigation if:

  • A detective asks you to come in for an interview.
  • Police officers contact you about an alleged offense.
  • Investigators contact your coworkers or business associates.
  • Officers execute a search warrant.
  • You receive a subpoena.
  • You are asked to provide documents or records.
  • Someone mentions that they were questioned by investigators about you.
  • A federal or state agency contacts you.
  • An attorney or investigator notifies you that the prosecutors are reviewing an allegation made against you.

While none of these circumstances are automatically dispositive as to whether or not you will be charged with a crime, each of them should receive considerable attention.

Can Police Investigate You Without Arresting You?

Yes.

An investigation does not require an immediate arrest.

The investigation can proceed for an unknown period of time before the decision is made whether or not to arrest and charge you with a crime, or to report the matter to the prosecutor’s office.

Such investigation can often continue for substantial periods of time before formal criminal charges are filed by a prosecuting authority. In many instances, the investigation by the law enforcement agency is factual in nature and required by the prosecuting authority in order to properly charge a criminal offense.

This is another reason to be careful not to wait until you are arrested to consult with an experienced criminal defense attorney.

What Is a Grand Jury Investigation?

Grand juries are used to investigate crimes and corruption. They are comprised of citizens who review evidence and hear testimony regarding criminal activity.

Under Washington law, a grand jury is comprised of 12 people impaneled by a Superior Court judge. An indictment is a written accusation by a grand jury.

The grand jury in Washington conducts an investigation of criminal activity as well as corruption; they can look at evidence and hear testimony during an investigation.

If the grand jury finds sufficient evidence that there is probable cause to believe that the person or organization under investigation has committed a criminal offense, they can issue an indictment of that person or organization.

For more information about how an indictment is issued by a Grand Jury please refer to RCW 10.27.150 which states in part that at least three-fourths of the grand jurors must be convinced from all the evidence that there is sufficient evidence to show that the person under investigation is guilty of a criminal offense for them to issue an indictment for that offense.

An indictment is not a conviction. An indictment simply commences or continues a criminal prosecution against a person and the State must then prove the person’s guilt beyond a reasonable doubt at trial.

Can You Be Subpoenaed During a Pre-Indictment Investigation?

Yes.

A person can also be called as a witness and issued a subpoena to provide testimony or evidence during an investigation.

Washington law makes a distinction between a principal (the person whose conduct is under investigation) and a witness (someone who is subpoenaed to provide testimony or evidence).

If you receive a subpoena, do not ignore it.

It is very important to understand all of the legal issues involved in a subpoena to determine whether you are merely a witness or a target of an investigation and what information is required to be given by you. Many constitutional issues arise as to whether certain information or even questions can be required to be answered by you.

It is always wise to seek the advice of a criminal defense attorney prior to responding to a subpoena for information.

Are Grand Jury Proceedings Secret in Washington?

Proceedings before a grand jury are generally secret in Washington and subject to strict confidentiality.

Grand jury proceedings in Washington are secret and are required to be kept by grand jurors and by other parties who are shown the transcript of the proceedings or other information regarding the proceedings. The secret nature of the proceedings is also mandated by statute as to witness testimony and other evidence introduced before a grand jury or before a special inquiry judge.

Grand jury proceedings are secret and typically, a person under investigation will not have any idea what evidence is being presented to the grand jury or who has testified as a witness.

As with many aspects of an investigation that involve you, it is wise to seek early legal advice when a grand jury is involved.

What Should You Do If You Think You Are Under Investigation?

Don’t Make It Worse!

Consider the following:

Do not voluntarily explain everything to investigators

Just because an investigator wants to hear your side of a story does not mean that you should talk to them.

Just because you think you can explain things in a favorable light and resolve the matter does not mean you should. Your statements can be used against you as evidence.

You should speak with a defense attorney prior to any interviews with the investigators and advise them of your desire to speak with an attorney prior to any searches of your property.

Do not consent to a search of your home, vehicle, phone, computer, or business. Ask to speak with an attorney before agreeing to a search. Don’t assume that refusing consent will make you look guilty.

Refusing to give consent to a search does not have to make you look guilty.

Preserve evidence

Do not delete any texts, emails, photos, financial records, social media posts or other documents that could be used as evidence to support your case.

Do not alter records or ask others to destroy evidence for you.

Preserving evidence can be important to your defense.

Don’t attempt to settle or fix the charges by contacting the alleged victim.

Trying to resolve an allegation directly can create additional problems.

Violating a no-contact order or other court order can result in separate legal consequences.

Do not discuss the investigation publicly

Social media posts, messages, emails, and conversations can potentially become evidence against you.

Instead, discuss your case with your attorney instead of trying to defend yourself in the press.

Can a Criminal Defense Lawyer Help Before an Indictment?

Yes.

A criminal defense attorney can be involved before a person has been indicted for a crime.

Depending on the circumstances, an attorney may:

  • Communicate with investigators
  • Advise you about interviews
  • Review subpoenas
  • Examine search warrants
  • Investigate the allegations
  • Identify potential constitutional issues
  • Preserve favorable evidence
  • Interview witnesses
  • Review documents and digital evidence
  • Present relevant information to prosecutors
  • Challenge inaccurate or incomplete allegations
  • Negotiate with prosecutors when appropriate
  • Prepare for possible grand jury or charging proceedings

Mcaleer Law practices investigation and pre-charge defense for individuals and companies under investigation prior to indictment.

Can a Lawyer Stop an Indictment From Being Filed?

There is no guarantee that your attorney can get Indictments withdrawn.

However, early representation can uncover key evidence that proves the charge to be incorrect or that there are other relevant facts and/or circumstances which need to be introduced to the body investigating the alleged offense.

For example, an attorney may discover:

  • The allegation is factually inaccurate.
  • A witness has information that contradicts the accusation.
  • Important evidence was overlooked.
  • Records provide an innocent explanation.
  • Investigators misunderstood relevant facts.
  • The alleged conduct does not satisfy an element of the offense.
  • Constitutional issues may affect the admissibility of evidence.

This gives the defense more time to deal with the issues.

This advice is already given to clients in the pre-charge defense guidance which Mcaleer Law has already developed to set out the key issues to be covered in the first stages of a criminal case, including communication with investigators, a review of the evidence against them, avoiding statements that could be used against them in interview, and getting before the prosecutor favorable information.

What Happens After a Pre-Indictment Investigation?

Several outcomes are possible.

No charges are filed

The prosecutor may decide that the evidence does not justify criminal charges.

A case that is to go to trial is not the end of all criminal cases. Often the prosecutor will decide not to file charges at all.

The investigation continues

They need more time to gather more evidence, complete additional investigations and possibly hold more witnesses to testify.

A person can be under investigation for a long time and have no idea when or if they will be charged with a crime by the prosecutors.

Criminal charges are filed

A person can be charged by information or by complaint, rather than by indictment by a grand jury.

Depending on the case, charges can be filed by a prosecutor’s information/complaint, or by way of Indictment from a grand jury.

A grand jury issues an indictment

Whether or not the person will be indicted by a grand jury as part of the investigation.

In Washington, a grand jury can issue an indictment after having examined and investigated the matter, and where three-fourths or more of the grand jury members are convinced of the person’s guilt to an extent of probable cause that such person is guilty of a criminal offense or offenses.

Does Being Under Investigation Mean You Will Be Charged?

No.

Just because someone is under investigation for something does not mean they will automatically be charged with a crime for that thing.

It is also possible that all evidence collected in an investigation will support the allegation(s) against the person under investigation. Alternately, investigators may collect evidence which contradicts the allegations made against a person under investigation. Most importantly, however, an investigation can result in a determination by investigators that there is simply not enough evidence to proceed with a criminal charge against a person under investigation.

The reason for an investigation is to find out whether or not enough information exists to take further action.

Can You Be Arrested After a Pre-Indictment Investigation?

Potentially.

Charges, an arrest or even an indictment can be issued by the investigators or even the prosecutors in the case.

The timing can vary considerably between cases.

Some investigations can be over in a matter of days or even weeks. Others can go on for months before the determination is made to charge someone with a crime and issue an indictment.

Even if there is no contact with law enforcement for weeks or even months, that does not mean that an investigation has closed.

Pre-Indictment Investigations Involving Federal Agencies

These cases may also involve a number of federal agencies or even the federal prosecutors. They gather a large amount of information and can take weeks to even months before deciding whether or not to file charges.

The investigation by federal agencies can last for a long time and gather a lot of evidence before formal charges are filed.

For example, an investigation of a fraud or money laundering case may involve examination of a defendant’s financial records such as bank statements and checks as well as their on line communication and records of business transactions.

Don’t wait to seek advice from a lawyer if you find out a federal agency has begun an investigation into you or your business.

Don’t assume that by agreeing to an interview with federal officials that you can resolve the issue.

Why Early Criminal Defense Matters in Vancouver, WA

The investigation stage into a person’s or a business’s alleged criminal activity is often one of the most critical stages of that person’s or business’s potential criminal case.

After charges are filed, your case goes to trial against the State’s formal prosecution. Before charges are filed, however, there are more investigations, the production of evidence, the correction of misunderstanding, and, above all, opportunities for communication with the Prosecuting Attorney.

Mcaleer Law represents individuals and businesses under investigation by local, state and federal agencies in all criminal matters. We provide pre-charge defense in all locations throughout Washington.