Pre-arrest incidents are when you’re the target of an investigation, but you cannot be arrested just yet because there’s inadequate evidence at this point. You might not be arrested, but you are the subject of an investigation and can benefit from pre-arrest advice.
The Houston Chronicle’s recent report on suspended criminal cases found that there was a lack of personnel to suspend cases. Since 2016, it’s estimated that 264,000 cases were not properly invested in the pre-arrest process.
Some victims may have not heard from detectives about cases in years.
People accused of crimes have a right to find closure and fight back against accusations to the full extent of Texas or Federal law.
Nathaniel Pitoniak is a former Harris County Felony Prosecutor and Chief Prosecutor who knows how pre-arrest investigations are conducted.
Nathaniel will use his 15+ years of experience to help protect your rights.
Call 832-315-6283 or contact us online to schedule a consultation.
What Types of Crimes Are Subject to Pre-arrest Investigations in Houston?
If a police officer comes to the scene of a crime, talks to witnesses and has enough evidence to make an arrest, there is no pre-arrest process. Cases where you may be the subject of a criminal investigation include:
- Sex crimes
- Assault
- Family violence
- Fraud
- Homicide
- Cybercrimes
- Robberies
- Drug crimes
- Property crimes
- Many others
Investigators and detectives must prove that you’re linked to a crime with enough suspicion and evidence to press charges.
You may also be in a position where you can:
- Clear up misunderstandings
- Prevent arrest
Pre-arrest advice is critical to helping you protect your rights to the full extent of the law. You’re under investigation – not under arrest – but the steps that you take now can have a dramatic impact.
If you say the wrong thing to investigators, it will harm you more than it helps.
An attorney with experience can explain the legal process to you and start gathering the facts to prove your innocence or build a strong defense for your case.
How Long Do Pre-Arrest Investigations Typically Last in Houston?
Investigators are often understaffed, leading to delays in investigations, as the Houston Chronicle reported linked previously uncovered. Lack of resources will slow investigations down.
Some investigations may not even take place because there are simply no resources available to handle them.
An investigation can take weeks or years, depending on the type of case, evidence, resources and other factors.
How Does the Pre-Arrest Investigation Process Work?
Every criminal investigation is unique, but most will follow the steps below:
Preliminary Investigation
The process starts when law enforcement is notified of the offense and opens an investigation. Police will be dispatched to the crime scene and begin gathering evidence. If anyone is hurt, they will receive medical attention.
Law enforcement will check the premises for potential suspects and interview the individual who reported the crime.
Officers will be looking for physical evidence at the scene, such as footprints, fingerprints, clothing fibers or anything else that may contain the perpetrator’s DNA. Photos will be taken of the scene, and authorities will document their findings.
Law enforcement will also interview witnesses.
Primary Investigation
Once the preliminary investigation is complete, law enforcement will begin conducting their primary investigation, which may involve:
- Analyzing the evidence they’ve gathered.
- Following up with witnesses to clarify information.
- Performing surveillance if they have a suspect in mind.
- Reaching out to the public for help.
Types of Surveillance
You may be put under surveillance, and you likely won’t know if so because law enforcement will do their best to remain undercover. Surveillance is integral during the primary investigation of certain crimes and may include:
- Biometrics: Facial recognition, fingerprints and other forms of biometric surveillance may be used.
- Computer: Your online activities may be monitored or analyzed, such as your browsing history or email.
- Electronic: GPS trackers, cameras and other electronic devices may be used to monitor you and maybe even capture your conversations.
- Financial: If financial crimes are being investigated, investigators may monitor your financial activities and transactions to find discrepancies.
- Physical: Police officers or investigators may observe you and follow you to gain evidence.
- Social media: Your social media activities and presence may be monitored.
If you or a loved one need pre-arrest advice, we’re here to help.
How Can I Find Out If There Is an Ongoing Pre-Arrest Investigation Involving Me in Houston?
Prior to making an arrest, law enforcement will conduct an investigation to gather evidence and conduct interviews with potential suspects and witnesses.
If you are the subject of a pre-arrest investigation, you may be approached by law enforcement to answer questions. People you know may be interviewed by the police. These are two indications that you may be the subject of an ongoing investigation.
Other warning signs that you’re under investigation include:
- The police are engaging in surveillance. Law enforcement may be lurking around your workplace or home.
- Search warrants are issued, allowing the police to search your phone, financial records or even your home.
- You receive a federal target letter if you are the target of a federal criminal investigation. A target letter outlines the nature of the alleged crime, your rights and an invitation to speak with a prosecutor or testify before a grand jury.
If you suspect that you’re the target of an ongoing pre-arrest investigation, consult with an attorney as soon as possible. An attorney will ensure that your rights are protected and help you pursue the best course of action in your case.
How The Law Office of Nathaniel Pitoniak Can Help
If you are the target of a pre-arrest investigation or believe you are the target of one, now is the time to contact an experienced criminal defense attorney.
An attorney can help you understand your rights and provide pre-arrest advice that may affect the outcome of your case.
Nathaniel Pitoniak has 15+ years of experience defending clients from all walks of life who have been accused of criminal charges.
Contact our office today to schedule an initial consultation and get the answers you need.
