Criminal Pre-Charge Investigations | Phoenix Criminal Defense Attorney

A pre-charge investigation occurs when law enforcement suspects that a crime has been committed but has not yet brought formal charges. This stage typically involves:

• Collecting evidence
• Conducting interviews with witnesses and suspects
• Reviewing surveillance footage or other forms of documentation
• Gathering forensic evidence such as DNA, fingerprints, or digital data

During a pre-charge investigation, authorities aim to build a case strong enough to file criminal charges. However, the absence of formal charges does not mean the situation is any less serious. This is why legal representation at this stage can be invaluable.

Determining whether you are under a criminal investigation in Arizona can be tricky, as law enforcement is not obligated to inform you unless you’re arrested.

However, there are clear signs, such as being questioned by the police, receiving a search warrant for your property, or being served a subpoena.

These actions often signal that a criminal case may be building. If you’ve experienced any of these situations, it’s important to seek legal advice. Contact us for a free consultation to discuss your case and ensure your rights are protected during the investigation phase.

The statute of limitations in Arizona determines the time frame within which a prosecutor must file charges for a crime. The clock for the statute of limitations typically begins when the alleged offense occurs or when it is discovered. For example, if the crime is not immediately known, such as in cases of fraud, the statute of limitations may start when the crime is discovered or could have reasonably been discovered.

The statute of limitations ends when the time period set by law for filing charges has expired. If prosecutors have not filed charges within this timeframe, the defendant can no longer be prosecuted for that specific crime. However, some crimes, like murder, have no statute of limitations, meaning charges can be brought at any time. 

It’s also important to note that certain circumstances, like if the suspect is out of state or evading law enforcement, can toll the statute of limitations, extending the time a prosecutor has to file charges.

The statute of limitations varies depending on the severity of the crime. Here are some typical timeframes for different categories of offenses in Arizona:

• Felonies: The statute of limitations for most felony offenses is 7 years. This includes crimes like theft, burglary, or aggravated assault. However, certain more serious felonies may have extended or no statute of limitations at all.

• Class 2 through Class 6 Felonies: For crimes such as fraud or drug offenses, the 7-year period applies, starting from the date the crime was committed or discovered.

• Murder and Violent Sexual Assault: These serious crimes have no statute of limitations. Prosecutors can file charges at any time, even decades after the crime occurred.

• Misdemeanors: For misdemeanor offenses, like petty theft or disorderly conduct, the statute of limitations is 1 year from the date the crime occurred.

• Traffic Violations: Minor traffic violations, classified as petty offenses, usually have a statute of limitations of 6 months.

If you’re concerned about the statute of limitations in your case or are facing a pre-charge investigation, contact Guardian Law for a free consultation. Our team can assess your situation and provide experienced legal guidance to protect your rights during this time.

At the pre-charge stage, law enforcement is actively gathering evidence, and anything you say or do can be used against you if the case moves forward.

Having an attorney early on ensures that your rights are not violated and that you avoid self-incrimination.

Skilled legal counsel can also intervene, presenting evidence or arguments to prosecutors that may prevent charges from being filed altogether.

Additionally, if the case progresses, your attorney will be well-prepared to build a strong defense.

If you believe you are the subject of a pre-charge investigation, contacting a criminal defense lawyer from Guardian Law is your first line of defense. The team at Guardian Law, led by Christian Lueders, offers experienced representation to protect your rights during this stage.

With a background as a former felony prosecutor, Christian understands the strategies prosecutors use and can work to prevent charges from being filed against you. Whether it’s advising you on interactions with law enforcement, challenging the evidence being gathered, or negotiating with prosecutors before charges are brought, the team at Guardian Law is equipped to defend your interests.

Contact Guardian Law today for a free consultation to discuss your case and begin building your defense before charges are filed.