Congdon Law. PLLC.

I Am Being Investigated For A Crime But Have Not Been Charged. What Does That Mean?


In order to charge someone with a crime, law enforcement will first need to conduct an investigation and collect evidence in order to ensure that they are charging the correct person for the crime they believe was committed. If someone is being investigated for a crime, law enforcement agents might ask to speak to them in order to get their version of events. However, it is not uncommon for officers to claim that they only want to talk, when in reality they have already decided that they will charge the person, and they are simply looking for additional evidence to build their case. This is why it is advisable for individuals to avoid making any statements to law enforcement agents until they have first spoken to an attorney.

What Is A Pre-Trial As It Relates To My Criminal Case?

A pre-trial is a stage in the criminal court process that allows a defendant an opportunity to try to resolve their case with the government. During the pre-trial stage, the issues in the case will be narrowed down, motions might be filed, and a case could potentially be dismissed due to insufficient evidence. “Pre-trial” is really just a catchall phrase for everything that happens prior to trial and/or prior to a decision to go to trial has been made.

Will I Be Charged With A Misdemeanor Or A Felony? What Is the Difference?

Whether a person will be charged with a felony or a misdemeanor will depend on the nature of the crime committed. Drug crimes are usually gross misdemeanors or felonies. The designation of a theft crime as a misdemeanor or felony will depend on the value of the item or items stolen.

I Was Arrested Weeks Ago But Haven’t Yet Been Charged. What Is Going On?

After an arrest, a person might not be charged for several weeks. During that time, the police will be gathering information that they will submit to a prosecutor. If the prosecutor decides to press charges, then the defendant will receive a complaint by summons. The summons will be sent to the address that is listed on the defendant’s driver’s license, so it is always important to keep that address current. The statute of limitations for most criminal offenses in Minnesota is three years, but other types of offenses might have a six-year statute of limitations, a nine-year statute of limitations, or no limitations.

What Is An Arraignment? What Happens At An Arraignment?

An arraignment is generally the first hearing a person will have. During an arraignment, the judge will ensure that the defendant has received proper notice of the charges being pressed against them, and that they understand those charges. In addition, the judge will ensure that conditions of release or future court appearances are set. If the defendant’s primary language is not English, then the judge may request an interpreter on their behalf.

What Should I Do If Police Want To Talk To Me About My Case?

Prior to speaking to law enforcement agents about a case, an individual should consult with an attorney. Attempts by law enforcement to question an individual about an alleged crime are usually intended to gather evidence against that individual, or confirm what they already believe to be true concerning that person’s guilt. Law enforcement agents are rarely looking for information that is going to prove someone’s innocence, and even a small mistake can cause them to believe that a person is lying. For example, if a person said that they were at a particular store on a Wednesday when in reality it was on a Thursday, the police would perceive that as lying or as an attempt to deceive.

For more information on Delay In Charging A Criminal Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (651) 314-9620 today.

Jennifer Congdon, Esq.

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