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Stradley Law Firm · Pre-charge representation

Before charges are filed.

The work that can keep a matter from becoming a public record at all. It is the reason to call early rather than late, and it is the part most firms do not offer.

Why this exists

A charge is a decision, and decisions can be influenced.

Most people meet a criminal lawyer after an arrest. By then the charging decision has been made, a public record exists, and the work becomes damage control.

There is a window before that. An investigator has called. A subpoena arrived at the office. A detective wants to “clear something up”. In that window nobody has yet decided whether to charge, what to charge, or whether the case is worth the office’s time. That is a decision made by people, and people can be given information they do not currently have.

Bill Stradley made those decisions for years as an Assistant District Attorney and Chief Prosecutor in Harris County. He knows what lands on an intake prosecutor’s desk, what gets read, and what makes a file get set down.

How you usually find out

It rarely looks like an emergency at first.

A detective leaves a card at the house and asks you to call back. A grand jury subpoena arrives for records. Your employer mentions that someone has been asking questions. A family member is contacted before you are.

None of those feels like the start of a criminal case, which is exactly the problem. The people who call a lawyer at this stage are usually the ones who found it strange rather than alarming.

The other common version is worse: nothing happens at all for months. Silence after contact does not mean it went away. It frequently means the file is moving somewhere you cannot see it.

What the window actually is

From first contact to the grand jury.

In Texas, a felony charge is presented to a grand jury, which decides whether there is enough to proceed. If it declines, the result is a “no bill” and the case does not go forward on that presentation.

The grand jury hears what the State chooses to present. It is not a trial, there is no defense case as of right, and the accused is not usually there. That is why what reaches the prosecutor beforehand matters: it is the only realistic opportunity to affect what gets presented at all.

Practically, the window runs from the moment an investigation touches you until the case is presented. It can be weeks. It can be a year. It is never longer than you think it is.

What intervention looks like

Quiet, early, and frequently invisible.

Contact with the investigating agency before an interview happens, so that any interview that does occur happens on terms that have been thought about.

A presentation to the prosecutor before the case is presented onward — documents, context, timelines, the version of events nobody has asked for yet, and where appropriate the evidence that the allegation does not survive contact with.

Sometimes it is narrower than that: making sure a charge is filed as the right offence rather than a heavier one, or that a matter goes to a court where it can be resolved rather than one where it cannot.

The outcomes have no press release. A declination. A no bill. An investigation that closes. A charge that is never filed. None of it appears anywhere, which is both the entire point and the reason almost nobody advertises this work.

Why silence is the whole game

An interview is evidence, and it cannot be withdrawn.

The single most damaging thing that happens in this window is a voluntary interview given without counsel. Not because people lie — because they explain.

An innocent explanation given under stress, months before anyone has seen the documents, becomes a fixed statement that every later fact is measured against. If one detail is wrong, the inconsistency becomes the story.

You are not required to help construct the case. Declining to be interviewed without a lawyer is not evidence of anything, and it is not rude. It is the normal, expected behavior of someone taking a serious thing seriously.

The one thing to do first

Do not speak to anyone official before you call.

Not to explain. Not to clear it up. Particularly not because you have nothing to hide — that is the belief that produces the most damaging interviews.

Do not delete anything, do not discuss it over text with the other people involved, and do not write an account of it to anyone who is not your lawyer. Each of those creates a second problem on top of the first.

If it is the middle of the night and you are deciding whether to call in the morning — call in the morning, and say nothing until then.

Questions people actually ask

The ones that come up every time.

Does hiring a lawyer now make me look guilty?

No. Prosecutors and investigators deal with represented people constantly and draw no inference from it. The people who assume it looks bad are almost always the ones who have never been through it.

If I have not been arrested, is there anything to do?

That is precisely when there is most to do. Once an arrest happens, the decision you wanted to influence has already been made.

Can a case really be stopped before charges?

Sometimes. Not always, and no honest lawyer will promise it in advance. What can be said is that the opportunity exists only inside this window, and it closes.

What if the investigator says I am just a witness?

That description can change without anyone telling you. It is worth understanding what you are before you agree to be interviewed as anything.

How much does acting early cost compared with waiting?

Almost always less. Pre-charge work is shorter and narrower than defending a filed case, and it is the only stage where the outcome can be that nothing was ever filed.

General information about how these matters work in Texas, not legal advice about yours. Every case turns on its own facts, and nothing on this page creates a lawyer–client relationship. If any of it applies to you, the useful next step is a conversation, not more reading.

Speak to Bill

One number, and it reaches him.

(713) 224-5455

If it is the middle of the night and you are deciding whether to call in the morning — call in the morning. Do not speak to anyone official before you do.

Stradley Law Firm
1545 Heights Boulevard, Suite 200
Houston, Texas 77008
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