, , ,

Consider hiring a Criminal Defense Attorney to conduct Pre-Filing Negotiations as Part of your Criminal Defense Strategy.

By Gregory Ferbrache, a criminal defense attorney with over a decade of prosecutorial experience as a Salt Lake County Deputy District Attorney, Assistant Utah Attorney General, and Special Assistant United States Attorney for the District of Utah.  You may contact him at FerbracheLaw.com

All too often the criminal defense attorney is retained after criminal charges have been filed against you.   In cases that involve extended Investigations by the government, retaining an attorney while you are the Target of the Investigation is critical to a beneficial outcome.  Although it seems intuitive to do so, most attorneys are rarely able to employ this strategic tactic because they are not retained early enough.

Generally speaking, a complaint is made to the government alleging a crime is being committed and a request for an Investigation is submitted.   Unlike a crime of interdiction where the commission of a crime is clear, like an assault or a homicide, a report of a belief of a crime will require an Investigation. Usually these types of crimes involve financial fraud or a sophisticated criminal enterprise. Investigative tools to obtain evidence of these crimes may involve Administrative Subpoenas, Investigative Subpoena, Confidential Informants, Government Informants, Surveillance, and apprehension of co-conspirators who agree to give testimony.  At some point during the Investigation, you will likely be contacted by the government to make a statement.

DO NOT speak with the Government without first seeking advice of Counsel. Those statements are evidence and can be used against you.  The Investigator does not need to provide you their motive or purpose for getting your statement. Don’t believe telling the truth at this stage will convince the Investigator to close the Investigation, even if you are telling the truth!

Rather than provide an uncounseled statement against yourself, it is imperative, You, as the Target, go on the offensive with a well formulated strategy with your criminal defense attorney.  Read more