What Is a Pre-Filing Investigation and Why You Should Call a Lawyer Early

When most people think of hiring a defense attorney, they picture someone already charged with a crime. But in many cases, waiting until formal charges are filed can be a costly mistake. If law enforcement is investigating you—or if you suspect you’re under investigation—it’s critical to understand what a pre-filing investigation is and why hiring a lawyer before charges are filed can protect your rights, your reputation, and your future.

What Is a Pre-Filing Investigation?

A pre-filing investigation is the period when police or other agencies are actively gathering evidence to determine whether a crime occurred and, if so, who to charge. This stage happens before the prosecutor has filed formal charges in court. Law enforcement may be interviewing witnesses, reviewing surveillance footage, pulling digital records, or even attempting to question you directly.

This stage can last days, weeks, or even months, depending on the complexity of the case. It’s also when key decisions are made—often behind the scenes—that can heavily influence whether you’re ever charged at all.

Hiring an attorney early—during the pre-filing stage—gives you the best chance of avoiding charges entirely. A skilled defense attorney can:

  • Intervene with investigators to assert your rights and stop illegal or aggressive tactics.
  • Communicate directly with the prosecutor to present mitigating evidence or clarify misunderstandings before a charging decision is made.
  • Prevent damaging statements, which might be used out of context or misinterpreted later.
  • Gather evidence in your favor, like texts, videos, or alibis, while it’s still fresh and available.

In some cases, early advocacy by a defense lawyer can lead to no charges being filed at all—saving you from arrest, court dates, and the stigma of a public criminal record.

What If You’re Not Sure You’re Being Investigated?

Many people don’t realize they’re the target of a criminal investigation until it’s too late. Common red flags include:

  • Receiving a call from police asking for a “friendly chat”
  • Learning that friends or coworkers have been contacted by investigators
  • Being served with a search warrant or subpoena
  • Suddenly being unfriended, blocked, or ghosted by someone involved in a recent incident

If any of these sound familiar, don’t wait. You don’t have to be arrested to get a lawyer. In fact, calling an attorney early can be the smartest legal move you make.

Protect Yourself Before Charges Are Filed

At the Law Office of Erin Bradley McAleer, we routinely help people during this critical early stage. Whether you’ve been contacted by police or simply suspect you’re under scrutiny, we can help protect your rights, preserve important evidence, and potentially prevent charges altogether.

Don’t Wait Until You’re in Handcuffs.

If you believe you may be under investigation, call us today. The earlier you get help, the better your chances of a positive outcome.