If you think you might be under investigation but haven’t been arrested or formally charged yet, you could be in the middle of what’s called a pre-file investigation. It’s a phase of the criminal process that flies under the radar for most people—until it becomes very real.
At J. Ryan Brown Law, we help people across Georgia take smart action before things spiral. If you’re wondering what a pre-file investigation is and what your rights are, here’s what you need to know.
A pre-file investigation is the period where law enforcement is gathering information, building a case, and deciding whether to recommend criminal charges to the prosecutor. During this time:
It’s called “pre-file” because it takes place before charges are filed with the court. But don’t let the lack of paperwork fool you—this is when the stakes quietly start rising.
The decisions made during a pre-file investigation often shape what happens next. If the police build a strong enough case, the prosecutor might:
But with the right legal strategy early on, it’s also possible to:
That’s why having an attorney involved before charges are filed can make a real difference.
Law enforcement doesn’t always tell you. But there are signs to watch for:
If any of this happens, you’re likely in the pre-file phase—and what you do next is critical.
Even if you haven’t been arrested, you still have rights. You can:
Police might act like they just want to “hear your side” or that you’re not in trouble. Don’t take the bait. Their goal is to gather enough evidence to file charges.
In almost every case, the answer is no.
Talking to law enforcement without a lawyer won’t help you. It won’t make the case go away. It may give them the evidence they need to move forward.
By working with a criminal defense attorney during a pre-file investigation, you can:
Almost any offense can involve a pre-file investigation. But we most commonly see it with:
These investigations can take weeks or even months, depending on the complexity of the case and the evidence involved.
There is no strict timeline. A pre-file investigation could last:
Law enforcement is not obligated to notify you when it ends. They may quietly shift from building the case to issuing a warrant. Meanwhile, the statute of limitations on the alleged crime may still be running.
This is where proactive defense strategy matters. A lawyer can:
In some cases, charges are never filed because the defense attorney got involved early.
Even with early intervention, the prosecutor may choose to file charges. If that happens:
Being prepared on Day One of formal charges gives you an edge most defendants don’t have.
At J. Ryan Brown Law, we take pre-file investigations seriously. We know the quiet stress that comes with being under the microscope before anything becomes public. We’ve helped countless clients avoid charges, minimize consequences, and take control early.
Don’t wait for a knock at the door. Don’t guess about your rights. Let us help you understand where you stand and what you can do to protect yourself.
If you suspect you’re being investigated, call J. Ryan Brown Law today. Early action makes all the difference.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
