Yes. You can hire a criminal defense lawyer before you have been charged with a crime in Wisconsin. You do not need to wait until you are arrested, receive a criminal complaint, or have a court date.
This often comes up when a detective calls asking for an interview, police start contacting people you know, officers seize a phone or other property, or you learn that someone has made an accusation against you. At that point, there may not be a criminal case yet, but decisions you make during the investigation can still affect what happens next.
The Singleton Law Firm represents people in Waukesha, Milwaukee, and throughout southeastern Wisconsin during criminal investigations and after charges are filed.
What Can a Criminal Defense Lawyer Do Before Charges Are Filed?
Pre-charge representation takes place while police or prosecutors are still investigating a possible crime. You may not know exactly what police are investigating or whether they consider you a witness, person of interest, or suspect.
A criminal defense lawyer can communicate with investigators, find out what law enforcement is requesting, advise you about a proposed interview, and begin evaluating issues that could become important if charges are filed. Depending on the circumstances, a lawyer may also help preserve evidence or provide information relevant to the investigation.
Hiring a lawyer early does not guarantee that charges will be avoided. It does give you the opportunity to make decisions with legal advice before speaking with investigators or responding to requests from law enforcement.
A Detective Wants to Talk to Me. Should I Get a Lawyer?
If a detective calls and asks you to come in for an interview, that is a good time to contact The Singleton Law Firm before agreeing to the meeting.
A detective may say they want to hear your side of the story, clear something up, or ask a few questions. That does not necessarily mean you are going to be arrested, but it also does not tell you what evidence police already have or how they view your involvement.
Statements made during an investigation can later become evidence in a criminal case. Police may also already have witness statements, surveillance footage, text messages, financial records, physical evidence, or other information that they do not disclose when asking you questions.
Can a Lawyer Talk to the Detective for Me?
Yes, depending on the circumstances, your attorney can communicate with law enforcement on your behalf.
This can be particularly useful if a detective leaves a voicemail asking you to call back or come to the police station. Instead of trying to figure out what the detective wants and how much you should say, you can have The Singleton Law Firm evaluate the situation and determine an appropriate response.
Do I Have to Talk to Police If I Have Not Been Arrested?
A voluntary request to speak with police is different from being detained, arrested, served with a subpoena, or subject to other legal process. If a detective simply calls and asks you to come to the station, you should not assume that the request itself requires you to sit down for an interview and answer questions.
Police can also question people before criminal charges are filed. Investigators may be gathering information after receiving an accusation, reviewing surveillance footage, examining electronic communications, conducting a drug investigation, or interviewing witnesses.
If you are unsure whether police are asking you to cooperate voluntarily or requiring something from you, get legal advice about the specific request rather than guessing.
What If Police Have Not Read Me My Miranda Rights?
Not every conversation with police requires Miranda warnings. Miranda generally applies to custodial interrogation, and whether a person is considered “in custody” depends on the circumstances surrounding the questioning.
This is why the idea that “police can't use what I say unless they read me my rights” can be dangerous. A voluntary conversation with a detective can still matter even if you were never arrested or given Miranda warnings. If police want to interview you about conduct that could expose you to criminal charges, waiting to see whether they read you Miranda rights is not a substitute for speaking with a lawyer before the interview.
How Do I Know If I Am Under Criminal Investigation in Wisconsin?
An investigation does not always begin with an arrest. Sometimes the first sign is simply a phone call from a detective.
Other signs can include police contacting family members, coworkers or friends; investigators asking to see your phone or other property; execution of a search warrant; seizure of your phone or computer; questions about drugs, money, text messages or a specific incident; or learning that someone has made an accusation against you. None of these automatically means charges will be filed. They do mean there may be an active investigation, and you should be careful about making statements or decisions without knowing what police are investigating.
Can Hiring a Lawyer Before Charges Are Filed Prevent Charges?
Sometimes a defense lawyer may be able to provide information or address issues before prosecutors make a charging decision, but hiring an attorney does not guarantee that charges will not be filed. That decision depends on the evidence, applicable law, investigation, and prosecutor's assessment of the case.
There can still be substantial value in getting a defense lawyer involved early. Your attorney may be able to identify factual or legal issues, communicate with investigators, preserve evidence, or begin preparing for a possible criminal case. Most importantly, you can get advice before making decisions that may be difficult to undo later.
Can I Hire a Lawyer If I Have Not Been Arrested?
Yes. You do not need to have been arrested or have a Wisconsin court case number to hire a criminal defense attorney. This can be relevant in investigations involving drug possession or distribution, theft or employee theft, domestic violence allegations, sexual assault allegations, homicide, financial crimes, and other felony or misdemeanor offenses.
The right approach depends on what police are investigating and what has already happened. Someone who receives a call about suspected employee theft may need a different strategy than someone whose phone was seized during a drug investigation.
When Should I Contact a Lawyer During a Criminal Investigation?
You do not need to know for certain that charges are coming. If a detective wants to interview you, police have searched or seized your property, investigators are asking other people about you, or you have another concrete reason to believe you are under investigation, you can contact a lawyer at that stage.
Getting advice before a planned police interview is particularly important because statements cannot simply be taken back after they are made. The same is true of other decisions during an investigation, including whether to voluntarily provide information or consent to certain requests.
Contact The Singleton Law Firm Before Speaking With Police
If a detective or police officer has contacted you about a criminal investigation in Waukesha, Milwaukee, or elsewhere in southeastern Wisconsin, you do not have to wait until charges are filed to contact The Singleton Law Firm.
Attorney Singleton represents clients during criminal investigations as well as after an arrest or criminal charge. If police want to interview you or you believe you are being investigated, contact our firm before deciding how to respond.
