A NY Drug Crimes Defense Lawyer Can Represent You During a Pre-File Investigation
Before you can be charged with a criminal offense, an investigation must be conducted to determine if there is sufficient evidence for a case to move forward against you. Law enforcement will conduct an investigation and prosecutors will carefully review evidence to determine whether there is reasonable cause to pursue an indictment and press criminal charges. This investigation is called the pre-file investigation.
If you are under investigation for a drug crime, you need to get legal help from an attorney during the pre-file investigation process. Drug crimes carry very lengthy prison sentences in most situations, especially if you have been charged with a federal offense. You need to ensure you don’t do anything while you are under investigation that could provide help to the prosecutor in pursuing a case against you. Bukh Law Firm, PLLC can be there with you during all phases of the investigation into alleged wrongdoing so we can help you to try avoid criminal charges being pressed against you for any drug offense.
The Pre-File Investigation Process in Drug Crimes Cases
Pre-file investigations may go on for months or even years when the Drug Enforcement Agency (DEA) or state-level law enforcement is trying to shut down a large-scale operation involved in the manufacture or cultivation of controlled substances or involved in the distribution or sale of controlled substances. The investigation process can include everything from surveillance to wire taps on telephones to the use of undercover law enforcement officers to try to buy drugs or to infiltrate drug rings. The constitution imposes restraints on law enforcement during the investigation as your rights must be protected, but police and prosecutors still have broad leeway to use a number of tactics to try to find sufficient evidence you are violating state or federal drug laws.
As soon as you know you are under suspicion for any drug crime, you’ll need to be careful during this pre-file investigation process. You will need to be prepared in case a search warrant is issued to search your vehicle, person, or home. You may be questioned by police and will also need to understand when and how to answer questions and when to exercise your Fifth Amendment rights against self-incrimination.
The best way to be careful and to make sure you don’t give law enforcement the ammunition they need to go forward in charging you is to be advised by a legal professional who knows the drug laws inside-and-out. Many attorneys do not offer assistance during the pre-file investigation phase but instead will represent you only after you’ve been formally accused of a crime. Bukh Law Firm, PLLC, on the other hand, works hard for clients during the pre-file investigation process with the hope of avoiding any type of charges being filed at all.
Being represented during a pre-file investigation is virtually always beneficial to a person who is under suspicion and who could end up making mistakes because of not knowing the law. However, it can be especially important in drug crimes cases. If you’re suspected of committing a federal drug offense, the prosecutor may threaten to press charges for serious criminal offenses that carry lengthy mandatory minimum sentences.
Mandatory minimums are based on the amount of drugs in possession and don’t allow for any judicial discretion or consideration of the extent of the defendant’s role in an alleged drug offense. As a result, people with minimal involvement in the drug trade, like street dealers, could find themselves facing five or ten year minimum prison sentences which were supposed to be for drug kingpins.
The vast majority of defendants facing federal drug charges now plead guilty because of fears about mandatory minimum sentences, so it can be better not to ever have the charges filed in the first place so no difficult choice about plea deals must be made. Your actions during a pre-file investigation can make a difference in whether charges are filed.
How Can a NY Drug Defense Lawyer Help with a Pre-File Investigation
While being represented by an attorney does not guarantee no charges will be filed as a result of a pre-file investigation, an attorney can ensure you don’t help the prosecutor in making the case against you.
Bukh Law Firm, PLLC has helped many clients successfully during the pre-file investigation phase. We will protect your constitutional rights at every step of an investigation that is conducted and we’ll do everything we can to help ensure no charges are filed. Give us a call today to schedule a consultation and learn more.
