Kansas Pre-Charge Investigation Attorney

Start your defense strong no matter what stage of the legal process you are in. If you or a loved one is facing criminal charges, you need a steadfast advocate to advise and defend you. At Triad Legal, we understand the complexities of the criminal justice system and are committed to protecting your rights. With offices in Wichita and Tulsa, our team offers comprehensive legal representation in local, state, and federal courts across Kansas and Oklahoma.

Pre-charge investigation attempts to anticipate criminal charges and get out in front of any formal legal actions against you. It is a critical period in the criminal justice process. If you or a loved one is suspected of a crime but has yet to be charged, hiring a criminal defense attorney to begin work on your defense can give you a head start in protecting your rights.

The Pre-Charge Investigation Stage

The pre-charge investigation stage occurs when law enforcement is alerted to a possible crime but before formal criminal charges have been filed. During this time, officers gather evidence, interview witnesses, and build a case against the potential suspect. Because of the serious consequences a criminal conviction can pose, it is highly recommended that you consult with an attorney as soon as you suspect that you may be under investigation. At Triad Legal, we believe proactive measures are essential for the strongest defense.

While formal charges have not yet been made against you, this stage can present unique challenges, and having a criminal defense lawyer on your side can help you understand what is happening. During the pre-charge stage, a skilled criminal defense attorney can begin assessing their client’s situation, gathering their own evidence, interviewing witnesses, and taking steps to prevent or mitigate charges. Having a legal representative who is familiar with local, state, and federal laws can be invaluable in safeguarding an individual’s rights and best interests.

Individuals under investigation have specific rights, including the right to remain silent and the right to an attorney. Every action you take or word you speak during the pre-charge stage could affect the outcome of your future. You do not have to face the complexities of pre-charge investigations alone. Working with a pre-charge investigation attorney gives you an advocate and adviser to stand by your side, working to ensure that your rights are protected and you are shown in the best light.

Pre-Charge Procedures

Being under investigation can present a stressful and overwhelming experience. Understanding the pre-charge process and your rights is crucial, whether in Kansas or Oklahoma. A pre-charge investigation occurs when law enforcement is gathering evidence to determine if there is enough to formally charge you with a crime. This time period can take weeks or even months to complete. Two key rights that you must remember if you are suspected of a crime are your right to remain silent and your right to an attorney.

The Right to Remain Silent

When being investigated, you do not have to speak with the police. Under the Fifth Amendment to the U.S. Constitution, you have the right to remain silent, as anything you say to law enforcement can be used against you. This right protects people suspected of a crime from being coerced into speaking using interrogation methods that could cause an innocent person to give a false confession or anyone from incriminating themselves. When you are suspected of a crime, you do not have to answer any of their questions, provide additional information, or make any statements.

This right is effective as soon as you are in police custody, which can include any situation where a person feels unable to walk away from the situation. Even if you are not technically in custody, exercising your right to remain silent may be wise. Lack of cooperation with the police does not indicate guilt but shows that you are protecting your rights. Situations where you may want to exercise your right to remain silent can include:

Getting arrested
Questioning at the police station
Being detained in a police car or at a crime scene
Questioning in any place where you feel unable to leave freely

If you decide to exercise this right, you can simply state, “I wish to remain silent,” or request that your attorney be present. An interrogation must stop if the suspect requests an attorney and can only begin again when the lawyer is in the room.

The Right to an Attorney

The Sixth Amendment guarantees the right to an attorney in criminal prosecutions. This means that if you are suspected or accused of a crime, you have the right to have a lawyer represent you. This applies to federal and state courts. The right to counsel is considered a fundamental right because criminal law can be intricate and difficult to navigate for someone without the proper legal training. It ensures that your constitutional rights are protected and increases the likelihood of a fair trial.

The right to counsel applies at various stages of the criminal process, including:

Police interrogations
Preliminary hearings
Arraignments
Trial
Appeals

If you cannot afford a lawyer, the government must legally provide a public defender to represent you in your criminal trial. Public defenders provide essential legal services to those unable to afford private counsel, but there are several reasons an individual might opt for a private criminal defense attorney. These include factors such as a dedicated client focus, experience in criminal defense, greater resources in building a strong case, and sympathetic, personalized communication. Choosing to retain a firm like Triad Legal takes a huge step towards ensuring your legal rights are protected and you have a trusted advocate by your side throughout the criminal defense process.

Pre-Charge Investigation Attorneys Communicate with the Police on Your Behalf

Your pre-charge investigation can hinge on the critical roles your attorney will play as an intermediary between you and the police. Given the high stakes and potential for complexities involved in criminal prosecutions, having a pre-charge investigation attorney communicate with law enforcement on your behalf can help mitigate the risks of mistakes and ensure your rights are protected. Your lawyer will communicate directly with the officers leading the investigation, seeking clarification on the nature of their inquiries, requesting important information, and challenging evidence that has been collected.

They will proactively work to ensure that your rights are protected and your interests are represented effectively. An attorney can prevent misunderstandings or misinterpretations of your statements out of context. The law enforcement officers on your case may be trained to gather evidence, and their primary objective is not tailored toward truth but towards building a case. By having an attorney work to represent you, they will act as a filter of your communication and can reduce the risk you pose of incriminating yourself inadvertently.

Remember, your attorney’s goal is to protect your rights and build a strong defense strategy. By communicating with the officers on your behalf, they can work towards achieving the best possible outcome for your case.

Gathering Evidence for Your Defense

During the pre-charge investigation, your attorney will communicate with law enforcement and diligently work to gather evidence supporting your defense. This can involve a meticulous investigation to uncover facts, documentation, and witness testimonies that can challenge the prosecution’s case and whatever evidence is brought against you.

An skilled attorney understands the importance of preserving evidence, which is why our goal at Triad Legal is to begin your case as soon as possible. Evidence easily degrades over time, with physical evidence becoming less reliable and eyewitnesses’ memories becoming less trustworthy. They will obtain medical records, witness statements, surveillance footage, or other forms of evidence that work to establish your innocence. By building a strong evidentiary foundation, your attorney may be able to change the prosecution’s claim and increase the likelihood of a favorable outcome. The earlier your attorney becomes involved in your case, the more time they will have to conduct a thorough investigation and gather crucial evidence for your defense.

Your attorney will also take this extra time to evaluate how the prosecution obtained their evidence to see if any missteps could lead to the evidence being deemed inadmissible. If evidence was collected in an unlawful manner or may have been tampered with due to mishandling, it will not be able to serve as admissible evidence, and your case may have a chance of being dismissed. A criminal case does not have to fully prove innocence; rather, it should put enough “reasonable doubt” into the minds of the judge and jury that they cannot fully convict and sentence you. Evidence plays a vital role in this.

Why Work with a Pre-charge Investigation Lawyer

When you hire a lawyer during the pre-charge investigation stage, it allows extra time for gathering evidence to support your case, as well as possibly getting your case dismissed or having grounds for a future appeal. Taking this proactive step serves to protect your legal rights and best interests. The criminal defense law firm of Triad Legal believes that the best defense starts before a charge is even filed. Early intervention allows them to start building a strong defense strategy before they are charged with a crime and thus increases their chances of a favorable outcome.

Working with a pre-charge investigation lawyer is not an admission of guilt. Rather, it is a statement to the law enforcement working to investigate your possible crimes that you are taking your charges seriously and will not back down without a fight. When you work with a pre-charge lawyer, you are making a strategic decision to protect your future. This additional time allows your legal team to prepare your defense as well as:

Provide experienced local, state, and federal legal guidance and advice throughout the legal process, including pre-charge decisions such as communications with law enforcement.
Protect your rights from people who are working to build a case against you.
Conduct a thorough investigation and analyze the case to build a strong defense.
Communicate with law enforcement and act as a liaison between you and the authorities, providing strategic guidance on what you say to them.
Create a tailored approach to your case, considering all potential defenses and counterarguments.
Negotiate with prosecutors and advocate for reduced charges or the complete dismissal of the case if possible.

Retaining a pre-charge investigation law firm gives you a direct link to knowledgeable and experienced advocates who will fight to protect your future. Getting started on your case right away allows for your legal team to have the longest time to prepare and is the best stage to focus on entirely preventing or mitigating any charges before they are filed. Do not delay in contacting Triad Legal for a case consultation so we can discuss the next steps to protect your freedom.

Getting Your Case Dismissed in Kansas and Oklahoma

It may be possible for your pre-charge investigation attorney to get your charges dropped or your case dismissed from the court. This can be a complex legal process, and it will vary greatly depending on the nature of your charges and the specific circumstances of your case. However, working with an attorney who has experience with the Kansas and Oklahoma court systems will provide a strategic advantage in finding grounds for dismissal. These common grounds for case dismissal could include:

Insufficient evidence: if the prosecution is not able to gather enough evidence to prove your guilt beyond a reasonable doubt

Violation of constitutional rights: if your rights, such as the right to a speedy trial or the right to counsel, have been violated

Misconduct or procedure violations: if the persecution engages in misconduct or there were procedural violations at any stage of the legal process

Statute of limitations: if the prosecution exceeds the time limit to file charges

These are general grounds for a case to be dismissed in Kansas and Oklahoma. State and local procedures will vary, which is why it is important to hire a lawyer familiar with the laws in the state where your case may be prosecuted. In addition to knowing the laws, our lawyers understand and acknowledge the complexities of our legal system, including the influence of societal biases. We are committed to providing you with the highest standard of representation, compassionate and competent advocacy, and advice.

Pre-Charge Investigation Lawyers and the Appeals Process

During the pre-charge investigation, an experienced criminal defense attorney can identify any potential issues that could form the basis for an appeal. This could include any constitutional violations, procedural errors, new evidence, or ineffective assistance of counsel. An appeal is a formal challenge to a legal determination directed towards a higher court. This is often used in criminal defense to review a conviction or sentencing.

Having a pre-charge investigation lawyer with you from the beginning allows them to have a closer look at everything that occurs throughout the initial processes, including possible arrests, charges, and evidence collection. If there were mistakes in any of these criminal defense procedures, violations of your rights, or new evidence that comes up, they may file an appeal to the court.

Types of Criminal Cases Our Pre-Charge Investigation Lawyers Handle

At Triad Legal, we work to represent a variety of criminal defense cases at any stage of the legal process. No case is too complicated. Whether you have been charged with a crime and are awaiting trial or are just in the beginning stages of the investigation, we are ready to represent you with a dedicated and thorough defense. Some areas of practice that we cover include:

Assault and battery
Bank fraud
Burglary
Computer crimes
Conspiracy
Drug distribution, possession, or related crimes
Embezzlement
Expungement
Firearms offenses
Manslaughter and murder
Obstruction of justice
Perjury
Pornography and solicitation
Theft and robbery
White collar crimes
Wire fraud

Our pre-charge investigation lawyers can handle a wide range of criminal defense cases, from minor misdemeanors to complicated felonies at both the state and federal levels. If you are currently under criminal investigation and believe you may be charged with a crime, consult with one of our attorneys as soon as possible to get started working on your defense. We are here to help ensure that you do not become a victim of the legal system.

Contact Triad Legal Today for a Pre-Charge Investigation Consultation

We truly believe that everyone has the right to legal counsel and strive to treat every client with respect, dignity, and compassion. Being investigated for a crime is a heavy and overwhelming situation that can make you feel isolated. We want to walk alongside you during this time while you await charges, working towards the best possible outcome for you and securing your future. Our track record shows our dedication and relentless pursuit of justice for our clients.

For us, no case is too difficult to take on. We are dedicated to standing by our clients and acting as a guide during these difficult times. Schedule a consultation today to review your case and find peace of mind that you do not have to do this alone.

Our Areas of Practice

Embezzlement
Drug Possession
Drug Distribution
Murder
Conspiracy
Assault & Battery
Child Abuse
Expungement
Burglary
Theft
Bank Fraud
Wire Fraud
Firearms Offenses
Rape
Sex Offenses
Solicitation
Manslaughter
Pornography
Domestic Battery
White Collar
Drug Paraphernalia
Robbery
Perjury
Computer Crimes
Obstruction