Pre-Indictment Defensive Investigations:

An Ounce of Prevention Versus a Ton of Cure

Guilty people get charged with crimes every day.  But what happens when an innocent person is accused of, and being investigated by authorities for, the commission of a serious crime?  All too often, the accused simply enters into a state of denial.  We hear statements like “I’m innocent; no one could take this seriously, could they?”  The answer, unfortunately, is “Yes” – they can, they will, and they do take the claims of your accuser(s) seriously unless you take defensive action before you are indicted for criminal acts.

In theory, the criminally accused is innocent until proven guilty beyond a reasonable doubt.  In reality, merely being indicted on serious charges brings devastating consequences, even if the charges are eventually dropped or the accused obtains an acquittal at trial.  Loss of employment, tarnished reputation, enormous legal bills, months or even years of worry and stress, fractured relationships – these are all common side effects of being charged with a serious crime.

Police detectives and government attorneys are people, just like everyone else, and as such they are just as subject to simple human nature.  In other words, the more invested they become in a given endeavor the more determined they are to see it through to a successful conclusion and the more reluctant they are to simply let it go.  Accordingly, it is absolutely critical that you expose the flaws and fallacies in the claims leveled against you before law enforcement and prosecutors become professionally, emotionally, and even morally invested in your case.

The strategies and tactics for developing your factual defense will vary depending on the identity of your accuser(s) and the types of allegations being made against you.  You need someone in your corner who is experienced in dealing with just about every scenario, and that is where we come in.  We know where to look for and how to find the exculpatory evidence that can expose false allegations for the lies that they are.

Moreover, if the factual information that we develop is not enough to get the police and/or prosecutor to drop your case, this exculpatory evidence collected on your behalf may still play a vital role in helping you to avoid an indictment.  Arizona law requires that evidence provided by a prosecutor to a grand jury be presented in a fair and impartial manner.  In fact, under Trebus v. Davis, 189 Ariz. 621, 944 P.2d 1235 (1997), a prosecutor has an affirmative duty to present to the grand jury exculpatory information that has been made known to the State and to instruct the grand jury concerning applicable defenses raised by that exculpatory evidence.

The bottom line is that, if you are accused of a crime you did not commit, you cannot afford to wait and hope it all just goes away.  Instead, you need to actively mount a factual defense and, under the right circumstances, get exculpatory evidence in the hands of the government as quickly as possible.  In the world of criminal litigation, an ounce of prevention is truly worth a ton of cure!