702-623-6362 
A detective has left a voicemail. Investigators want to meet at your workplace. Or someone has told you that police are asking questions about an incident involving you. You may not know whether you are a witness, a suspect, or someone the authorities intend to charge.
You do not have to wait for an arrest to seek legal advice. Before agreeing to an interview or deciding how to respond to a request for records, find out what is voluntary, what is legally required, and what information needs to be preserved.
At LV Criminal Defense, attorney Nicholas Wooldridge represents people facing criminal investigations in Las Vegas and throughout Clark County. Pre-charge representation focuses on the decisions that arise before a case reaches court—not simply preparing for a trial that may never happen.
Call (702) 623-6362 or request a free initial consultation. Tell the office about any scheduled interview, subpoena deadline, or warrant. Telephone inquiries are accepted 24/7; immediate availability of a particular attorney is not guaranteed.
On This Page
A pre-file investigation is the investigation of possible criminal conduct before formal charges are filed. It is also called a pre-charge investigation. Officers may interview people, review recordings, obtain records through legal process, or submit their findings to a prosecutor.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Pre-arrest and pre-file are different things. After being arrested, a person’s investigation may still be ongoing; however, they cannot be charged until those charges have been officially filed. On the other hand, there are times when someone is charged prior to being arrested.
Investigations do not prove guilt and will not always result in a person being prosecuted. Authorities may choose to gather additional information, decide not to file charges, or go forward with a case.
The legal standard for bringing a case forward is different from the standard for convicting someone. For example, NRS 172.155 requires probable cause for a Nevada grand jury indictment. A criminal conviction at trial requires proof beyond a reasonable doubt.
Determine what is being asked. Get the detective’s name; their agency; how they can be reached; and if there is a case number associated with your interaction. Find out if this is a voluntary conversation or if there is a document that requires your response. A phone call does not automatically mean you have been subpoenaed.
Find out if you are able to leave at anytime during an in-person interview. Do not try to run away or fight back if you are being held. In Nevada, officers may ask people who are lawfully detained pursuant to NRS 171.123 to provide identification, but they cannot force them to answer any other questions related to the investigation. There are many other types of interactions (e.g., driving) where you will be required by law to do something.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
Seek advice before giving a substantive account. For a voluntary interview request, you can explain that you wish to consult a lawyer before discussing the incident. Do not guess, invent an explanation, or assume that an informal conversation is off the record.
Retain all documentation and messages. Store your voicemails, letters, business cards, etc. Note when you were asked for an interview or what the deadline was for responding to the request. This will allow Counsel to evaluate the request without having to go through the process of recounting the whole event via a web-based form.
Your response should depend on what investigators are asking for and the legal authority behind the request.
An invitation to visit a police station or explain your side is not automatically a legal obligation to participate. An attorney can assess whether an interview serves your interests and what arrangements or safeguards are appropriate.
Do not assume that statements are unusable because nobody read you your rights. As the U.S. Courts’ explanation of Miranda describes, the warnings generally concern custodial interrogation. Statements made in a voluntary, noncustodial conversation can still become evidence. If you are questioned in custody, clearly state that you wish to remain silent and want an attorney.
A request for permission to search is different than a search conducted pursuant to a warrant or other exception to the warrant requirement. While you may refuse to give consent to a search based on your permission, this will not stop law enforcement from conducting a search based on other legal authority.
Do not physically interfere with a search. Request a copy of any warrant and inventory, and consult with an attorney regarding the scope and execution of the warrant.
The 4th amendment permits some types of searches to occur without a warrant; thus “no warrant” does not always equate to “unlawful.” Case specific advice is needed regarding requests to access a phone, give account credentials, or take a biological sample. Preserve possible evidence as you wait for your attorney to evaluate your obligations.
A subpoena can require testimony or documents, even if you have not been charged. It is important for your attorney to assess the deadline, the scope of the subpoena and any potential privileges as soon as possible. You should never believe that simply because you request an attorney, you will be excused from responding to the subpoena. A federal target letter is different than a subpoena.
The federal target letter is a communication from a prosecutor about his/her assessment of your status in an investigation. It is not an indictment. Similarly, a subpoena does not necessarily indicate that its recipient is a target.
The Department of Justice’s grand jury guidance explains federal subject and target classifications. State procedures differ. Our federal criminal defense page addresses the broader federal process.
Pre-charge representation should focus on the investigation itself; do not begin by promising to prevent an arrest.
Counsel can obtain information regarding the alleged offense, the investigating agency, and where the matter is at. Investigators will likely not provide all information and a lawyer cannot ensure you will have access to the entire file.
Once representation is agreed, counsel can communicate with investigators or prosecutors when appropriate and advise you about interview requests. That does not give the attorney authority to halt an investigation, cancel legal process, or guarantee advance notice of an arrest.
An investigation may miss some of the context surrounding an allegation. Depending upon the incident, relevant evidence could be in many forms; such as complete message threads, business documents, photographs, location data, surveillance video, and/or the names of independent witnesses.
Tell your attorney where those records may exist. For example, a hotel encounter might involve access logs or cameras; a disputed business transaction might involve approval emails and accounting records. Whether records exist, how long they are retained, and whether they can lawfully be obtained must be established—not assumed.
Do not destroy, modify, hide, or create evidence. Do not force another person to alter his/her statement or collaborate on a story. Nevada has laws that make it a crime to destroy evidence and/or interfere with witnesses; both of these types of actions can result in additional criminal liability.
In many cases, counsel will determine that it is appropriate to submit documentation, correct a factual error, or provide explanation as to how the available documentation does not demonstrate an offense. In other cases, however, submitting documentation too early could allow for disclosure of defense strategy and/or generate unnecessary risk.
The determination will have to be based upon a thorough review of the allegations as well as any and all documentation that is available. At no time should counsel provide an unverified statement to the investigator(s) simply because his/her client wants to “clear everything up” as quickly as possible. It is important to note that prosecutors do not have to accept the defense’s version of the facts.
Early work may be useful even if charges are filed. Counsel can review the charges, preserve information that will be used in future litigation, and determine what the next procedural steps are.
If there is an arrest warrant, counsel can evaluate options for addressing it. A voluntary surrender and/or pre-charge representation does not guarantee release from custody or a specific bail decision.
LV Criminal Defense represents individuals who are being investigated by law enforcement agencies in Las Vegas, Henderson, North Las Vegas, Summerlin, Spring Valley, Paradise, Enterprise, and all other communities within Clark County. The agency and court that will handle your case will be based upon what you are accused of doing; not where you reside.
Additionally, the legal issues involved in each type of investigation will vary depending upon what you have been accused of. For example, a sexual assault investigation may focus on the communication and events surrounding an encounter. An investigation into fraud may focus on disputed statements or financial documents.
Investigations into theft, white-collar crimes, or violent crimes will each require different methods for evaluating evidence and determining intent. A hit-and-run investigation will raise questions about the driver, the accident, and the driver’s statutory responsibilities.
Individuals who visit Las Vegas may also be contacted by a detective once they return home. Being from out-of-state does not eliminate the possibility of being investigated by a Nevada law enforcement agency. Please inform counsel of where you reside and provide the request you received so that travel, interview, and court requirements can be evaluated individually.
Yes. An investigation may end without prosecution, but hiring a lawyer does not guarantee that result. Relevant information may be incomplete, an allegation may not satisfy the law, or prosecutors may decide not to proceed for other reasons.
The difference between “no charges filed at this time” and “prosecutors have decided not to pursue” is significant. Just because there has been no communication does not mean the case is over. When possible, attorneys should ask for more information; however, they should understand that authorities may choose not to give any.
A decision not to prosecute also is not necessarily a permanent bar to later charges. New evidence and applicable filing deadlines may affect what happens next.
If there was an arrest but no resulting conviction, a separate question is whether the record can be sealed. Nevada record sealing is not automatic, and NRS 179.255 distinguishes declined prosecutions from dismissals and acquittals.
Just because you’re labeled a “witness” doesn’t mean you’re a suspect, but that doesn’t tell us if there’s any legal risk involved in being interviewed. Explain the request and your involvement to an attorney, especially if the questions relate to your own actions. A subpoena is different than a voluntary invitation.
Not always. Some parts of the file may be accessible, but pre-charge representation doesn’t give you the right to see the entire active investigation. Nevada’s criminal discovery rules govern what can be disclosed during criminal proceedings and have some restrictions. Your lawyer will explain what you have access to now and what you may have access to in the future.
You can still get legal advice. Be as accurate as possible when telling your lawyer what you said, when the conversation took place, and if it was recorded. Keep all related messages and documents. Don’t try to fix an earlier statement with another improvised explanation until you’ve gotten advice.
There isn’t a single deadline for all investigations. The time limit for prosecution depends on the crime charged and any exceptions that apply; they aren’t a universal countdown from the first time a detective contacted you. An attorney must review the relevant dates and laws before determining that charges are time-barred.
Yes. You can contact the office to ask about arranging assistance. Provide the person’s name, the agency involved if known, and any urgent deadline. The firm will need to establish who the prospective client is; a relative does not automatically have access to that person’s confidential legal discussions.
You do not need a case number or a complete file to make an initial inquiry. Start with who contacted you, what they requested, and whether a deadline or interview has been scheduled.
Attorney Nicholas Wooldridge and LV Criminal Defense can discuss the situation and whether the firm can assist. The purpose is to understand your position and evaluate the next decision—not to promise that an investigation will disappear.
Call (702) 623-6362 or use the consultation form on this page. Your initial message should be a short description and a reliable way to reach you. Please do not send lengthy descriptions or sensitive information via the general form. The office will tell you how to send additional materials.
Attorney advertising. Responsible attorney: Nicholas M. Wooldridge. This page provides general information, not legal advice for an individual matter. Submitting an inquiry does not itself establish an attorney-client relationship. Do not assume the firm is handling an interview, subpoena, court appearance, or deadline unless representation has been agreed.
