Pre-Charge Criminal Defense

If an Orange County police detective calls and says, “I just want to hear your side,” you may feel an immediate urge to explain what happened. You may believe that if you are innocent, there is nothing to lose by answering questions. The detective may even tell you that you are not under arrest and that the conversation is voluntary.

Before agreeing to an interview, consider speaking with a criminal defense lawyer.

A request to talk may mean that police are already investigating an accusation and are attempting to obtain additional evidence before deciding what happens next. Investigators may have spoken with an accuser and witnesses, reviewed text messages, obtained surveillance footage, examined social media, or collected other evidence before ever contacting you.

You do not have to wait until you are arrested or charged to hire a criminal defense attorney.

The Law Office of Kristine Koo represents people under criminal investigation throughout Orange County. Attorney Kristine Koo is a former Deputy District Attorney, former public defender, and criminal defense lawyer who has tried more than 50 jury trials. Her prosecutorial background provides insight into how police investigations are evaluated and how evidence may eventually be presented to prosecutors.

The period before criminal charges are filed can be an important stage of a case. Early representation may provide an opportunity to protect your rights, preserve evidence, investigate the accusation, communicate with law enforcement when appropriate, and prepare for a possible charging decision.

Police Want to Interview Me in Orange County: What Should I Do?

You generally should not assume that speaking with a detective will make an investigation disappear.

Police interviews are investigative tools. Detectives may be looking for admissions, inconsistencies, information that establishes intent, confirmation of another witness’s account, or explanations they can compare against physical or digital evidence.

Even an innocent person can create difficulties during an unexpected interview.

You may not remember an exact date. You may estimate what happened and later discover that a text message or surveillance recording shows something different. You may attempt to minimize an embarrassing fact that turns out to be important. Investigators may interpret nervousness, uncertainty, or an incomplete answer differently from how you intended it.

Before agreeing to an interview, a lawyer can evaluate why police may be contacting you and communicate with the detective on your behalf.

Why Is an Orange County Detective Calling Me?

A detective may contact you because police received a report identifying you as a suspect. In other situations, investigators may initially describe you as a witness, person of interest, or simply someone who can provide information.

Those labels should not determine whether you seek legal advice.

An investigation can change as new evidence is obtained. A person initially approached as a witness may eventually become a suspect. Statements made voluntarily can potentially become part of the investigation.

The important question is not simply what the detective calls you. It is why investigators want to speak with you and what information they already possess.

Why Kristine Koo’s Former Prosecutor Experience Matters Before Charges Are Filed

A police investigation does not automatically result in criminal charges.

After investigating an alleged crime, law enforcement may submit reports and evidence to a prosecuting agency. Prosecutors then evaluate whether criminal charges are appropriate and what offenses the evidence may support.

Kristine Koo previously served as a Deputy District Attorney. She has also worked as a public defender and private criminal defense attorney.

That combination is particularly relevant during a pre-filing investigation. Her former prosecutor experience provides insight into how prosecutors evaluate police reports, witness credibility, evidence, potential charges, and whether a case can ultimately be proven.

Her defense and trial experience provides the other perspective: identifying missing evidence, investigating alternative explanations, challenging unreliable accusations, and preparing a case based on what the government can actually prove.

What Can Kristine Koo Do After a Detective Contacts You?

Hiring a pre-filing criminal defense lawyer does not simply mean having someone tell police that you will not answer questions.

Depending on the circumstances, Kristine Koo can contact the detective so that you are not navigating communications with law enforcement by yourself. She can attempt to determine what agency is investigating, what officers are requesting, and whether an interview or other response is appropriate.

The defense can also begin its own investigation.

That may include preserving text messages, photographs, videos, emails, social media communications, location information, receipts, surveillance recordings, or other evidence. Witnesses may need to be identified and interviewed before memories fade. Electronic information that provides context to an accusation may need to be preserved.

In an appropriate case, favorable information may be communicated to investigators or prosecutors before a filing decision. In another case, providing information may be strategically unwise.

There is no single pre-filing strategy that fits every investigation. The objective is to understand the situation before making decisions that cannot easily be reversed.

Do I Have to Talk to an Orange County Police Detective?

A voluntary request for an interview is different from a court order requiring testimony.

Police may ask you to come voluntarily to a station, answer questions over the telephone, meet a detective somewhere else, or speak with officers who arrive at your home or workplace.

Before voluntarily answering questions about possible criminal conduct, you can consult an attorney.

The Fifth Amendment protects against compelled self-incrimination. The fact that you have not been arrested does not mean that statements you voluntarily provide cannot become evidence.

What If the Detective Says I Am Not a Suspect?

Do not base an important decision solely on that statement.

The detective may genuinely consider you a witness at that point. The investigation may nevertheless develop differently after your interview or after additional evidence is collected.

If police want to discuss conduct that could potentially expose you to criminal liability, obtaining legal advice before participating can help you understand the risks.

Will Police Read Me My Miranda Rights?

Not necessarily.

Miranda warnings are generally required in connection with custodial interrogation. A voluntary, noncustodial conversation with a detective does not automatically require Miranda warnings simply because police are asking questions.

That distinction is important during pre-filing investigations.

A person may voluntarily meet with detectives believing that the conversation cannot be used because no Miranda warning was given. That assumption can be wrong.

Do not rely on the absence of Miranda warnings as a reason to participate in an interview without first evaluating your circumstances.

Should I Talk to Police If I Am Innocent?

Innocence does not eliminate the risks associated with an unplanned police interview.

Investigators may know information that you do not know they possess. They may ask questions in a particular order, revisit the same subject, confront you with selected evidence, or leave out information while evaluating your answers.

You may also be mistaken about a detail without intentionally lying.

A lawyer can evaluate whether there is a legitimate reason to provide information and, if so, how that should occur.

Police Want to Interview Me About a Sex Crime

Sex crime investigations frequently make pre-filing representation particularly important.

A detective investigating sexual assault, rape, sexual battery, unlawful sexual conduct, an internet sex offense, or an allegation involving a minor may contact the accused before an arrest occurs.

Investigators may already possess text messages, dating-app communications, photographs, videos, social media records, witness statements, or information obtained from the complaining witness.

Police may also seek access to phones, computers, or online accounts.

What appears to be an invitation to “tell your side” may actually be an attempt to obtain evidence addressing consent, intent, identity, knowledge, age, communications, or another disputed issue.

Sex crime accusations can also threaten a person’s reputation, employment, professional license, family relationships, and future long before guilt has been established. Early investigation by the defense may therefore be especially important.

Domestic Violence and Other Pre-Filing Investigations

Domestic violence investigations can also involve conflicting accounts.

Police may interview a spouse, dating partner, former partner, neighbor, child, or other witness before contacting the accused. Photographs, medical records, 911 recordings, text messages, and body-worn camera footage may become important evidence.

Pre-filing representation can also be valuable in investigations involving assault, theft, fraud, child abuse, criminal threats, drug offenses, internet crimes, and other misdemeanor or felony allegations.

The specific defense strategy depends on the accusation and available evidence.

Be Careful About Unexpected Calls and Recorded Communications

The detective may not be the only person who contacts you.

An accuser or witness may unexpectedly call or message you about the allegation. In some investigations, law enforcement uses monitored or recorded communications in an attempt to obtain incriminating statements.

A person who believes an accusation is false may instinctively argue, apologize to calm the situation, or attempt to persuade the caller that events occurred differently. Those statements may later become important evidence.

If you believe you are under criminal investigation, be cautious about discussing the allegations with others.

Do Not Delete Evidence or Pressure an Accuser

Protecting yourself does not mean destroying evidence.

California Penal Code section 135 addresses knowingly and willfully destroying or concealing qualifying evidence with the required intent to prevent it from being produced. Penal Code section 136.1 addresses specified conduct involving preventing or dissuading victims and witnesses.

Do not delete texts, erase photographs, destroy documents, dispose of devices, or instruct another person to remove evidence because you believe it may be unfavorable.

Likewise, do not pressure an accuser or witness to withdraw allegations or change a statement.

Preserve potentially relevant evidence and discuss it confidentially with your attorney.

What If Police Want to Search My Phone, Car, or Home?

Police may ask for consent to search property during an investigation. In other situations, officers may obtain a search warrant.

California Penal Code section 1524 establishes grounds upon which search warrants may be issued. If police later obtain evidence through an allegedly unconstitutional search or seizure and charges are filed, Penal Code section 1538.5 provides procedures through which a defendant may seek suppression of evidence.

Do not physically interfere with officers executing lawful authority. Penal Code section 148(a)(1) can apply to willfully resisting, delaying, or obstructing qualifying officers performing their duties.

If officers request consent or present a warrant, remain calm and obtain legal advice as soon as circumstances permit.

Can a Pre-Filing Lawyer Prevent Criminal Charges?

No attorney can guarantee that a prosecutor will decline to file charges.

Pre-filing representation is valuable because there may be an opportunity to investigate and prepare before that decision occurs.

A surveillance recording might contradict an allegation. Text messages may provide context omitted from a police report. A witness may support the defense. Electronic records may establish a timeline inconsistent with the accusation.

Whether that information should be provided to the government before charges are filed requires careful strategic consideration.

Frequently Asked Questions About Orange County Police Interviews

Why would police call me instead of arresting me?

Investigators may want additional evidence before deciding whether an arrest or referral for prosecution is appropriate. A request for an interview does not establish that police have enough evidence to arrest you.

Can I have an attorney communicate with the detective?

Yes. A criminal defense attorney can communicate with investigators concerning the representation and determine how future communications should be handled.

What if the detective says talking will clear everything up?

That may or may not occur. You should evaluate the risks and potential benefits before making a statement rather than assuming an interview will end the investigation.

Can police continue investigating if I do not agree to an interview?

Yes. Police may continue interviewing witnesses, gathering records, seeking warrants, examining physical or digital evidence, and conducting other lawful investigative activities.

Can a lawyer find out whether charges have been filed?

An attorney can investigate the status of the matter and communicate with appropriate agencies when circumstances permit. Information available during an active investigation may be limited.

What happens after police finish investigating?

Law enforcement may close the investigation or submit the case to prosecutors for review. Prosecutors can decide whether to file charges, seek additional investigation, or decline prosecution.

Contact an Orange County Pre-Filing Criminal Defense Lawyer Before Talking to Police

If a detective has called, left a business card, appeared at your home or workplace, asked you to come to the station, or said police simply want to hear your side, consider getting legal advice before deciding what to do.

You may have an opportunity to protect yourself before criminal charges are ever filed.

Attorney Kristine Koo brings experience as a former Deputy District Attorney, former public defender, and criminal defense trial lawyer with more than 50 jury trials. The Law Office of Kristine Koo represents people who are under investigation as well as those who have already been arrested or charged throughout Orange County.

Early representation can provide time to evaluate the investigation, preserve favorable evidence, identify witnesses, protect constitutional rights, communicate strategically with law enforcement, and prepare for a possible charging decision.

If police want to interview you in Orange County or you believe you are the subject of a criminal investigation, contact the Law Office of Kristine Koo for a confidential consultation before deciding whether to answer questions or provide evidence.