Pre-Indictment and Pre-Charges in Arizona

An important phase in any criminal case is the time before an indictment is formally made. Under Arizona law, specifically Arizona Revised Statutes (ARS) §13-1001, actions that might be perceived as steps toward a crime could have significant consequences. Law enforcement and prosecutors collect evidence at this investigation stage, often without your knowledge. Having an attorney to guide you can protect your rights and may influence the course of the investigation.

➤Some potential actions that could influence your case: 

• Possession of Certain Tools: Carrying lock-picking tools or other devices commonly used for breaking and entering could be perceived as an intent to commit burglary, as stipulated under Arizona Revised Statute ARS §13-1505.
• Suspicious Financial Transactions: Frequent large cash withdrawals or overseas wire transfers could be seen as an attempt to launder money or engage in fraudulent activities.
• Communication with Known Criminals: Regularly communicating with individuals who are under investigation or have been convicted for illegal activities could make you a subject of interest to law enforcement.
• Researching Criminal Activities Online: Searching for instructions on hacking, drug manufacturing, or other illegal activities could draw attention from authorities, possibly under Arizona Revised Statute ARS §13-2316, concerning computer tampering.
• Frequent Visits to Specific Locations: Continually visiting places known for illegal activity, like known drug-dealing spots, could put you on law enforcement’s radar.
• Questionable Social Media Posts: Publicly discussing plans to engage in potentially illegal activities, even in jest, could lead to scrutiny from authorities.
• Observing Potential Targets: Consistently appearing near or surveilling a place that later becomes the target of a crime can cast you in a suspicious light, especially in the context of stalking laws under Arizona Revised Statute ARS §13-2923.

Legal representation during the pre-charge phase is equally important. If you suspect you are under investigation but have not yet been charged, an attorney can advise you on how to proceed. This advice is crucial to ensure you don't unintentionally harm your case. Arizona Revised Statutes, such as ARS §13-114 , affirm your right to legal counsel during specific procedures like line-ups and other identification methods.

➤ Examples of unintentionally harming your case include:

• Speaking Without Counsel: Making statements to law enforcement without your attorney present can lead to unintentional self-incrimination. Even seemingly harmless comments can be used against you.
• Volunteering for Identification Procedures: Participating in line-ups or other identification methods without understanding your rights can put you at a disadvantage.
• Publicly Discussing the Case: Talking about your situation on social media platforms or to individuals who are not part of your legal team can also be detrimental. These statements are often admissible in court.
• Contacting the Complainant or Witnesses: Trying to contact or influence anyone involved in the case can be seen as an attempt to tamper with witnesses, which is a serious offense under Arizona Revised Statute ARS §13-2804.
• Concealing or Destroying Evidence: While you may think that getting rid of certain items could help your case, tampering with evidence is a criminal act under Arizona Revised Statute ARS §13-2809 and can severely harm your defense.
• Failure to Report Changes: If you're required to report changes in employment, residence, or other circumstances as a condition of your bail or release and fail to do so, you may face additional charges or penalties.

By hiring an experienced attorney early, you're not just preparing for a possible trial but actively influencing whether a trial will be necessary. The involvement of an attorney during these pre-charge and pre-indictment periods can sometimes prevent charges from being filed or at least mitigate the severity of the charges and potential penalties you could face.