If a detective has called you "just to clear a few things up," or if Child Protective Services (CPS) has unexpectedly knocked on your door, you are likely in a state of panic. Being under investigation for a sex crime in California is one of the most terrifying experiences a person can face.
However, right now, you are in a highly critical legal window known as the pre-file investigation stage. How you handle this exact moment—before an arrest is made and before charges are officially filed—will likely dictate the rest of your life. Innocence Legal Team Founder Patrick Clancy calls this your "Golden Hour."
Here is exactly what a pre-file investigation is, what you must absolutely avoid doing, and how the right defense strategy can stop charges before they ever reach a courtroom.
A pre-file investigation is the period of time after law enforcement begins looking into an allegation, but before the District Attorney (DA) makes a final decision on whether to file formal criminal charges.
During this window, police detectives are gathering evidence, interviewing the accuser, speaking with witnesses, and seeking to obtain a statement from you. Once they compile their police report, they may hand it over to the prosecutor.
This is your best opportunity to win your case by never having it filed in the first place. Once a sex crime is officially filed in California, the conviction rate is staggeringly high (over 97%). This is largely due to groupthink prejudice—the modern media push to "believe the victim" essentially forces the accused to prove their innocence, reversing your Constitutional rights.
The most urgent, effective strategy is to deploy a pre-file defense intervention to persuade investigators and/or prosecutors to reject the case entirely.
If you are currently under investigation, you are walking through a legal minefield. A single misstep can hand the prosecution the ammunition they need to file felony charges and pursue mandatory lifetime sex offender registration.
1. Do NOT speak to law enforcement.
If a detective contacts you, it is unlikely that their goal is to find the truth. Usually, their goal is to find evidence of your guilt. They are trained in coercive interrogation tactics (see our informative video: Police Interrogations). Even if you are entirely innocent, a nervous explanation or a misremembered detail can be twisted into an admission of guilt. Simply state: "I am invoking my right to remain silent, and I want to speak to my attorney."
2. Beware of "pretext" or "ruse" phone calls.
In California sex crime investigations, law enforcement frequently asks the accuser, a family member, or a friend to call you while the police secretly record the conversation. They will try to provoke an apology or get you to agree with their version of events. If you receive a suspicious call about the allegations, state clearly that you did nothing wrong and hang up immediately.
3. Do NOT contact the accuser.
Reaching out to the person accusing you—or their family—will almost certainly be viewed as witness intimidation, witness tampering, obstruction of justice or harassment. This can result in additional criminal charges.
4. Limit your discussions.
Do not discuss the details of the investigation with friends, coworkers, or even family members. Unless covered by a privilege (such as the marital privilege), anyone you speak to can be subpoenaed and forced to testify against you. Speak only to your defense attorney.
While your defense attorney steps between you and the police, you must actively help build your defense. False accusations of sexual assault or child molestation rarely happen in a vacuum—they are usually driven by an underlying emotional conflict (e.g., a bitter custody dispute, financial motives, jealousy, addiction, or mental illness).
To help uncover the accuser's motivation to falsify, start doing the following immediately:
General criminal defense lawyers who handle DUIs and petty theft simply do not have the specialized experience required to counter the deep-seated biases of a sex crime investigation. You have to prove a negative, which requires uncovering the accuser's hidden motives before the DA files charges.
At the Innocence Legal Team, we are California’s only criminal and civil defense law firm focused exclusively on defending those accused of sexual offenses. Our Chief Strategist, Patrick Clancy, authored the definitive book on this subject, Has a Child Been Molested?, and has successfully tried and won more sex crime cases than any other attorney in California.
Because we utilize an aggressive, investigation-first Fact Power Defense™ strategy:
Don't Wait to "See What Happens"
If you wait to see if the police will simply drop the investigation, you will likely end up in handcuffs. The faster you act, the higher your chances of keeping your record clean and your freedom intact.
If you are under investigation in California, contact the Innocence Legal Team immediately for a strategic consultation.