If law enforcement is investigating you or someone you love, the time to act is now, before criminal charges are ever filed. A pre-file investigation is the critical window between a police investigation and the District Attorney's filing decision. What happens during this period can determine whether you are charged with a crime, what charges are filed, or whether the case is rejected entirely.
At My Rights Law, we represent clients throughout California during the pre-file stage. Unlike our after arrest services, which focus on defending clients who have already been charged, pre-file representation is about preventing charges from being filed in the first place. Our attorneys have secured case rejections, charge reductions, and complete dismissals by intervening before the District Attorney makes a filing decision. If you believe you are under investigation, call us at (888) 702-8845 for a free, confidential consultation. We are available 24/7 and handle certain pre-file cases statewide across all 58 California counties.
If you suspect you are under investigation, take these steps immediately:
1. Do not speak to police. You have the absolute right to remain silent under the Fifth Amendment and the U.S. Supreme Court's ruling in Miranda v. Arizona (1966). If a detective calls, visits your home, or asks you to "come in and tell your side," politely decline and say: "I want to speak with an attorney before answering any questions." Do not try to explain yourself, even if you are innocent.
2. Do not destroy evidence. Deleting texts, emails, social media posts, or other records after learning you are under investigation can result in separate criminal charges for destroying evidence under California Penal Code Section 135. Preserve everything and let your attorney determine what is relevant.
3. Contact a defense attorney immediately. Once an attorney is retained, law enforcement must direct all communication through your attorney. This shields you from interrogation and ensures your rights are protected from the earliest possible moment.
4. Document everything you remember. Write down your recollection of the events in question, including dates, times, locations, people present, and any communications. Give this only to your attorney. It is protected by attorney-client privilege.
5. Do not discuss the case with anyone. Do not talk about the investigation with friends, family, coworkers, or on social media. Statements made to others are not privileged and can be used as evidence against you.
To understand your full constitutional protections during a law enforcement encounter, see our page on Your Rights During and After an Arrest in California.
A pre-file investigation is the period after law enforcement begins investigating alleged criminal conduct but before the District Attorney files formal charges. During this window, police gather evidence, interview witnesses, and compile their findings into a report submitted to the prosecutor's office. The District Attorney then reviews the evidence and decides whether to file charges, decline to file, or send the case back for further investigation.
Most people do not realize that being investigated does not mean charges will be filed. The District Attorney has prosecutorial discretion to decide whether the evidence supports criminal charges and what level of charges are appropriate. The U.S. Supreme Court recognized in Bordenkircher v. Hayes (1978) that prosecutors have broad discretion in determining what charges to bring. This discretion creates an opportunity for a defense attorney to present favorable evidence, challenge the police investigation, and advocate directly to the prosecutor before a charging decision is made.
The goal of pre-file defense is to persuade the District Attorney to:
The following comparison shows why intervening before charges are filed produces fundamentally better outcomes than waiting until after arrest.
| Pre-File Defense | Post-Filing Defense | |
|---|---|---|
| When it happens | Before charges are filed | After charges are filed |
| Best possible outcome | No charges, no arrest, no record | Dismissal or acquittal at trial |
| Arrest required? | No | Yes (or citation to appear) |
| Bail needed? | No | Often yes (How Bail Works) |
| Court appearances | None | Arraignment, hearings, possible trial |
| Public record | No arrest record, no booking photo | Arrest record exists even if acquitted |
| Impact on employment | Minimal to none | Background checks may show arrest |
| How defense advocates | Directly to the District Attorney | In court through motions and trial |
For a detailed look at what happens after charges are filed, see our pages on How to Get Someone Out of Jail and Understanding Arraignment in California.
The consequences of waiting extend beyond the courtroom. An arrest record, even without a conviction, can appear on background checks, affect professional licensing, impact immigration status, and damage personal relationships. Pre-file defense is the only stage where you can avoid a public record of criminal involvement entirely.
A criminal case begins when law enforcement receives a complaint, responds to an incident, or initiates an investigation. During this stage, police interview the complainant, speak with witnesses, collect physical evidence, obtain search warrants, review surveillance footage or digital records, and may attempt to contact the suspect for questioning.
Common signs you are under investigation include: a call or visit from a detective asking you to "come in and talk," police contacting your family or employer, a search warrant executed on your home or devices, or contact from a government fraud investigation unit. This is one of the most dangerous moments in the pre-file stage because anything you say to police can and will be used against you. Under the Fifth Amendment and the U.S. Supreme Court's ruling in Miranda v. Arizona (1966), you have the absolute right to remain silent and to have an attorney present during any questioning.
Once police complete their investigation, they submit the case to the District Attorney's office. The assigned prosecutor reviews the police reports, witness statements, and evidence to determine whether the case meets the legal standard for filing, which is proof beyond a reasonable doubt at trial. The U.S. Supreme Court held in Berger v. United States (1935) that the prosecutor's interest "in a criminal prosecution is not that it shall win a case, but that justice shall be done." A well-prepared defense presentation submitted during this review period can directly influence the filing decision.
The District Attorney can file charges as presented by law enforcement, file different or lesser charges, decline to file (a "DA reject"), or return the case for further investigation. Once charges are filed, the defendant must be arraigned within 48 hours under California Penal Code Section 825. Pre-file intervention aims to resolve the case before this point.
A pre-file defense attorney conducts an independent investigation and advocates to the District Attorney before the filing decision is made. The specific actions include:
Conducting an independent investigation. The defense attorney interviews witnesses, gathers evidence, reviews available records, and identifies facts that police may have overlooked. Police reports often present a one-sided account. The defense investigation presents the full picture to the prosecutor. This work is time-sensitive. Memories fade, surveillance footage is overwritten, and digital records are deleted. Under the U.S. Supreme Court's ruling in Brady v. Maryland (1963), the prosecution must disclose exculpatory evidence, but the defense cannot rely on the prosecution to find and preserve favorable evidence during the investigation phase. The earlier the defense begins, the more favorable evidence is available.
Shielding the client from police interrogation. Once an attorney is retained, law enforcement must direct all communication through the attorney. The client never has to speak directly with police.
Consulting with experts. Depending on the case, the defense may retain forensic experts, DNA analysts, digital forensics specialists, medical professionals, psychologists, or financial auditors to challenge the prosecution's theory.
Preparing a pre-file defense packet. The defense attorney compiles all favorable evidence into a formal presentation for the District Attorney. This packet may include witness declarations, expert reports, character references, evidence of community ties, and a legal memorandum explaining why the evidence does not support criminal charges or why lesser charges are appropriate.
Meeting with the District Attorney. The defense attorney presents the packet directly to the prosecutor. This meeting gives the prosecutor information they would not otherwise have, and it can be the deciding factor in whether charges are filed, reduced, or rejected.
Negotiating alternative resolutions. In some cases, the defense attorney can negotiate for the client to participate in a diversion program, make restitution, or complete other conditions in exchange for a DA reject.
Under Investigation? Don't Wait for Charges.
Every day without a defense attorney is a day the prosecution builds its case unopposed. We intervene before charges are filed. Statewide, 24/7.
Welfare fraud under California Welfare and Institutions Code Section 10980 is one of the most common pre-file cases we handle. These investigations are often initiated by county fraud investigation units, anonymous tips, or cross-referencing of government databases. Individuals receiving CalFresh (food stamps), Medi-Cal, CalWORKs, or other public assistance benefits may be accused of making false statements, failing to report income or household changes, or receiving benefits they were not entitled to.
Welfare fraud is a wobbler offense. The penalties escalate based on the amount of electronically transferred benefits involved under WIC Section 10980(h):
| Benefit Amount | Classification | Potential Penalty |
|---|---|---|
| Up to $950 | Petty theft (misdemeanor) | Up to 6 months county jail |
| $950 - $50,000 | Wobbler (misdemeanor or felony) | Up to 3 years state prison |
| Over $50,000 | Felony + 1-year enhancement | Added to base felony sentence |
| Over $150,000 | Felony + 2-year enhancement | Added to base felony sentence |
| Over $1,000,000 | Felony + 3-year enhancement | Added to base felony sentence |
| Over $2,500,000 | Felony + 4-year enhancement | Added to base felony sentence |
Pre-file intervention in welfare fraud cases is particularly effective because these cases often involve misunderstandings, paperwork errors, or miscommunications with government agencies rather than deliberate fraud. A defense attorney can present evidence showing that the client acted in good faith, made honest mistakes, or did not have the intent to defraud, which is a required element the prosecution must prove. In many California counties, welfare fraud diversion programs allow defendants to repay benefits and avoid a criminal conviction entirely.
My Rights Law has successfully defended clients accused of CalFresh food stamps fraud and other financial crimes. In one case, our attorneys secured a complete dismissal of felony welfare fraud charges filed in San Bernardino County.
Sex crime investigations are among the most sensitive and consequential pre-file cases. An accusation alone can destroy reputations, careers, family relationships, and professional licenses, even if charges are never filed. Common sex crime allegations that reach the pre-file stage include:
Investigations can take months or years. Under Penal Code Section 799, there is no statute of limitations for certain serious sex offenses including rape and lewd acts with a child under 14. For other sex crimes, the statute can extend to 10 years or longer under Penal Code Sections 800 and 801.1. Having an attorney throughout this extended period is essential.
False accusations require aggressive early defense. A defense attorney can investigate the accuser's background, identify prior false reports, uncover motives for fabrication such as custody disputes, financial incentives, or personal vendettas, and present this evidence to the prosecutor before charges are filed.
The consequences of conviction are catastrophic. Sex crime convictions carry lengthy prison sentences, mandatory sex offender registration under Penal Code Section 290 (10 years, 20 years, or lifetime depending on the tier), and permanent damage to every aspect of the defendant's life. Preventing charges from being filed is the most complete form of defense.
In one case involving allegations under Penal Code Section 288, My Rights Law attorneys reduced a client's exposure from over two years in custody to zero jail time through thorough pre-file investigation and compelling evidence presentation.
The statute of limitations determines how long the prosecution has to file charges. A defense attorney monitors these deadlines throughout the pre-file stage and can raise statute of limitations defenses when the prosecution has exceeded its window to file.
| Offense Category | Time Limit to File | Code Section |
|---|---|---|
| Most misdemeanors | 1 year | PC 802(a) |
| Most felonies | 3 years | PC 801 |
| Welfare fraud (felony) | 4 years | PC 801 |
| Felonies punishable by 8+ years | 6 years | PC 800 |
| Specified sex offenses (victims under 18) | Up to 10 years | PC 801.1 |
| Rape, child molestation (PC 288), other serious sex crimes | No limit | PC 799 |
| Murder | No limit | PC 799 |
Proven pre-file case results. In one felony welfare fraud case in San Bernardino County, our attorneys secured a complete dismissal. In a Penal Code Section 288 case, we reduced a client's exposure from over two years in custody to zero jail time. These outcomes reflect what is possible when a defense team intervenes before the District Attorney makes a filing decision.
Available 24/7, including weekends and holidays. Criminal investigations do not follow business hours. Detectives may call on a Friday evening or execute a search warrant on a Saturday morning. When you call My Rights Law, a live person answers the phone day or night. We can begin working on your case the same day you contact us.
Flat fee pricing with no hidden costs. You will know exactly what your defense costs before you retain us. Our flat fee structure means no surprise hourly charges, no billing for every phone call, and no uncertainty about what you will owe.
Statewide coverage across all 58 California counties. While our offices are based in Southern California with a strong presence in Los Angeles, San Bernardino, Riverside, Orange, Ventura, and San Diego counties, our pre-file defense services extend statewide. We regularly represent clients in Northern California, the Central Valley, the Bay Area, and every other region of the state. Pre-file cases do not require the same frequency of court appearances as post-filing cases, which makes statewide representation practical and effective. When in-person appearances are necessary, our attorneys travel to the relevant District Attorney's office or courthouse.
Focused experience in welfare fraud and sex crime defense. Pre-file sex crime investigations and pre-file welfare fraud are two of the highest-stakes case types in criminal defense. Our sex crime defense attorneys and welfare fraud lawyers handle these cases regularly and understand the strategies that lead to DA rejects, charge reductions, and dismissed cases.
Calling a criminal defense attorney for the first time can feel overwhelming. Here is exactly what happens when you contact My Rights Law about a pre-file investigation:
Step 1: Free, confidential consultation. When you call (888) 702-8845, you will speak with a member of our team who will listen to your situation and gather the basic facts. Everything you share is protected by attorney-client privilege. There is no cost and no obligation.
Step 2: Case evaluation. An attorney reviews the details of your situation and determines whether pre-file intervention is appropriate. We assess the type of investigation, the potential charges, the strength of the evidence, and the timeline for a possible filing decision.
Step 3: Clear pricing and engagement. If we determine that pre-file representation can help, we provide a flat fee quote with no hidden costs. You will know exactly what your defense costs before you make any commitment.
Step 4: Immediate defense action. Once retained, we notify law enforcement that you are represented by counsel. All further communication must go through your attorney. We begin our independent investigation, engage experts as needed, and start building your pre-file defense packet for the District Attorney.
How do I know if I am under investigation?
Common signs include receiving a call or visit from a detective asking you to "come in and talk," learning that police have contacted your family, friends, or employer, having a search warrant executed on your home or devices, or being contacted by a government fraud investigation unit. If any of these occur, contact a defense attorney immediately before speaking with anyone.
Should I talk to the police if they contact me?
No. You have the absolute right to remain silent under the Fifth Amendment. Politely decline to answer questions and tell the officer you want to speak with an attorney. Do not try to explain your side of the story, even if you are completely innocent. Let your attorney handle all communication with law enforcement.
Can a pre-file attorney really prevent charges from being filed?
Yes. District Attorneys have broad prosecutorial discretion, and they regularly decline to file cases when the evidence is insufficient, when the defense presents compelling counter-evidence, or when alternative resolutions are more appropriate. A well-prepared pre-file defense packet can be the difference between charges being filed and the case being rejected.
How long do pre-file investigations take?
There is no fixed timeline. Simple misdemeanor investigations may take weeks, while complex felony investigations, particularly in sex crime and financial fraud cases, can take months or even years. The statute of limitations (see reference table above) sets the outer boundary for how long the prosecution has to file charges.
What is the difference between pre-file defense and post-filing defense?
Pre-file defense occurs before charges are filed and focuses on preventing charges entirely or reducing them before the District Attorney makes a filing decision. Post-filing defense occurs after charges are filed and involves arraignment, bail hearings, discovery, motions, plea negotiations, and potentially trial. See the comparison table above for a detailed side-by-side breakdown.
Do I need a lawyer if I know I am innocent?
Especially if you are innocent. Innocent people are charged with crimes every day because they spoke to police without an attorney, because evidence was misinterpreted, or because the investigation was incomplete. A pre-file defense attorney ensures the truth comes out before charges are filed, not after.
Can My Rights Law handle pre-file cases outside of Southern California?
Yes. My Rights Law handles some pre-file cases across all 58 California counties. Our pre-file welfare fraud and pre-file sex crime defense services are available statewide.
What should I do if I find out a family member is under investigation?
Call My Rights Law at (888) 702-8845 immediately. The earlier we are involved, the more we can do. If your family member has already been arrested, see our guide on What to Do After an Arrest in California and our page on Immediate Confidential Jail Visits.
If you believe you are under investigation for any criminal offense in California, do not wait for charges to be filed. The pre-file stage is the most important window of opportunity in your case. Every day that passes without a defense attorney working on your behalf is a day the prosecution builds its case unopposed.
Call My Rights Law at (888) 702-8845 or fill out our secure contact form for a free, confidential consultation. We answer the phone 24 hours a day, 7 days a week, and offer flat fee pricing. We handle pre-file investigations for welfare fraud and sex case investigations statewide and can begin working on your case immediately.
This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.
Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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