Most people who get a call from a Valley Bureau detective assume they can explain the situation by cooperating and telling their side of the story. That instinct is understandable, but statements made during an investigation may later become evidence. The period before charges are filed is also when important decisions about evidence and how to respond may need to be made.
Whether you’ve been named in a police report, received a message from a detective in Van Nuys or North Hollywood, or know an ex-partner has made allegations involving domestic violence or a sex offense, you may already be part of an investigation. Understanding how criminal defense works before charges are filed can help you make informed decisions before speaking with law enforcement.
What Is a Pretext Call in a San Fernando Valley Investigation?
If you’re under investigation for a domestic violence or sex offense allegation, law enforcement may use a pretext call. A pretext call is a recorded conversation, often between an alleged victim and a person suspected of an offense, conducted with the involvement of law enforcement. The person receiving the call may believe it is simply a personal conversation without realizing investigators are listening or recording.
The caller may ask about an alleged incident or seek an explanation or apology. This can create problems even when someone believes they are simply trying to calm the situation. An apology or ambiguous statement may be interpreted differently when investigators consider it alongside other evidence.
What Should You Do if You Suspect a Pretext Call?
You generally do not have to voluntarily answer investigative questions simply because a detective contacts you. If you receive an unexpected call concerning allegations against you:
- Avoid discussing the allegations or trying to explain what happened.
- Do not assume a personal call is necessarily private.
- Preserve messages and communications related to the allegations.
- Speak with a lawyer before deciding whether to communicate with investigators.
The Fifth Amendment protects against compelled self-incrimination. If you are in custodial interrogation and clearly invoke your right to counsel, questioning generally must stop until counsel is present unless you reinitiate communication. Outside that setting, an attorney can still advise you about whether and how to respond.
How Can a Defense Investigation Help Before Charges Are Filed?
The pre-filing phase can provide an opportunity to investigate allegations and preserve evidence before prosecutors decide whether to file charges. A detective may continue gathering information and refer the case to prosecutors, who determine whether the evidence supports criminal charges.
What Can an Attorney Investigate Before Filing?
Depending on the allegations, potentially relevant evidence may include:
- Text messages and other communications between the parties
- Available surveillance or doorbell-camera footage
- Witness accounts
- Photos, records, or other documentation related to the allegations
Some evidence becomes harder to obtain over time. Video may be overwritten, communications may be lost, and witness memories may become less detailed. Preserving relevant information early can give an attorney a more complete picture of what occurred.
If detectives ask you to come in for questioning, an attorney may communicate with law enforcement first and seek information about the investigation. Early involvement may also create an opportunity to address relevant evidence or context before prosecutors make a charging decision.
Can a Lawyer Present Information Before Charges Are Filed?
In some cases, yes. This type of defense work is often referred to as pre-file intervention. It can involve communicating with investigators or prosecutors and presenting relevant information before a charging decision is made.
What Can Be Presented Before a Charging Decision?
What is appropriate depends on the case. An attorney may identify evidence that conflicts with the allegations, provide context about the relationship between the parties, point out inconsistencies in available accounts, or present other relevant information.
In a domestic violence investigation, that may include evidence concerning what happened before, during, or after the alleged incident. In a sex offense investigation, relevant issues may include the circumstances surrounding the encounter, communications between the parties, or other evidence bearing on the allegations.
Early defense involvement does not guarantee that charges will be avoided, but it may provide an opportunity to present relevant information before prosecutors decide whether to file a case.
How Do Criminal Investigations Work in the San Fernando Valley?
LAPD’s Operations Valley Bureau includes Devonshire, Foothill, Mission, North Hollywood, Topanga, Van Nuys, and West Valley. Cases arising in these communities may involve different investigators and procedures depending on the allegations and where the investigation originates.
If you’re in Encino, Tarzana, Northridge, or elsewhere in the San Fernando Valley and believe you may be under investigation for a domestic violence or sex offense allegation, consider speaking with an attorney before answering questions from law enforcement.
Karpel Law Group is an Encino law firm representing people facing criminal investigations throughout the San Fernando Valley and Southern California. If you have been contacted by law enforcement or believe allegations have been made against you, contact us to discuss your situation. Our attorneys can review the circumstances, explain your options, and help you determine how to respond.