Quick answer
If you are under criminal investigation in Texas — even before any arrest — you have a Fifth Amendment right to remain silent and a Sixth Amendment right to counsel for some critical-stage interactions. The most important pre-arrest moves are: do not consent to searches, do not give a recorded statement without counsel, and retain a criminal defense attorney immediately to communicate with investigators on your behalf. Pre-arrest representation can sometimes prevent charges entirely.
An active investigation is the most consequential stage of any criminal case — because it is the stage at which most cases are made or broken. Statements you give now will be played back at trial. Searches you consent to today cannot be suppressed later. The investigator wants you to talk before you have a lawyer. We have prevented charges from being filed in cases where prosecutors initially saw a clear path to indictment, simply because we got involved early and the State could not develop the evidence it needed.
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How to tell if you are under criminal investigation
Signs that you are an investigation target:
- A detective or federal agent has called you, knocked on your door, or left a card
- You have been served with a grand jury subpoena
- You have received a "target letter" or "subject letter" from a federal prosecutor
- Friends, family members, co-workers, or business associates have been contacted by investigators
- Documents, computers, phones, or other property have been seized via search warrant
- Your financial accounts have been frozen or subject to subpoena
- You have learned of a 911 call, complaint, or police report involving you
- An ex-spouse, neighbor, business partner, or former employee has accused you of a crime
Some investigations are silent until indictment. In federal cases especially, the first sign of investigation may be a knock on the door at 6 a.m. with a search warrant. The best defense is preparation — if you have reason to suspect investigation, you should not wait.
Your constitutional rights during investigation
Three core rights govern every contact between you and law enforcement during an investigation:
- The Fifth Amendment right to remain silent. You are never required to answer an investigator's questions. The only information you must legally provide in Texas is your name when lawfully detained (Penal Code §38.02) and, if driving, your license and insurance. Everything else is voluntary.
- The Sixth Amendment right to counsel. Once formal charges are filed, your right to a lawyer "attaches" at every critical stage. Before charges, you still have the right to consult a lawyer before any questioning.
- The Fourth Amendment protection against unreasonable searches and seizures. Law enforcement generally needs probable cause and a warrant to search your home, vehicle, phone, or person. Significant exceptions exist (consent, plain view, exigent circumstances, search incident to arrest, automobile exception), but the baseline rule is that you can refuse consent to searches.
The two phrases that matter most: "I do not consent to any searches" and "I want to speak to my attorney."
Pre-arrest representation — what we actually do
When a client retains us during an active investigation, we typically:
- Send a notice of representation to the investigating agency, instructing all communication to go through counsel.
- Negotiate access to evidence — sometimes we can preview the State's case before charges are filed.
- Prepare a proffer or attorney-client privileged interview with the prosecutor when strategically warranted, presenting the client's account through counsel.
- Identify and preserve exculpatory evidence — surveillance footage, text messages, location data — before it is lost or overwritten.
- Engage expert consultants when needed (forensic accountants in fraud cases, digital forensic specialists in computer cases, toxicologists in DWI/intoxication cases).
- Self-surrender, if charges are likely, to control the timing of arrest and minimize disruption (no early-morning raids, no jail booking publicity).
The result we aim for is one of three outcomes: (1) the case is closed without charges; (2) charges are filed at a reduced level after negotiation; or (3) the client is positioned to defend at the strongest possible angle when charges do come.
Target letters and grand-jury subpoenas (federal)
In federal cases (typically TXND or TXED for DFW residents), the U.S. Attorney's Office uses three categories to describe people in an investigation:
- Witness
- Someone the government wants information from. Not a target.
- Subject
- Someone whose conduct is within the scope of the grand jury investigation but who has not been identified as a target.
- Target
- The person against whom the prosecutor has substantial evidence and who is a putative defendant.
If you receive a target letter, you should never call the prosecutor on your own. Federal prosecutors are sophisticated and skilled — anything you say in that conversation may be used against you and you will not have an attorney's protection at the same time. Hire counsel immediately. We have responded to target letters with letters of our own that prompted reclassification (target → subject → witness) in some cases.
If you receive a grand jury subpoena, do not destroy any documents (that is obstruction of justice — separate federal felony). Hire counsel before responding. Production scope, deadlines, and Fifth Amendment privilege all need legal analysis.
Search warrants and consent searches
If officers arrive at your home or business with a search warrant:
- Do not physically resist. Step aside and let them in.
- Ask to see the warrant. Note the issuing judge, the date, and the scope of the property/items authorized.
- Do not consent to anything beyond what the warrant authorizes. If they ask for permission to search areas not listed, decline politely.
- Do not answer substantive questions. "I want to speak to my attorney" is all you need to say.
- Document everything. Time of entry, who was present, what was taken, any statements officers made.
- Call counsel immediately — even during the search.
If officers ask to come in WITHOUT a warrant, you can lawfully refuse. "I do not consent to a search of my home" — those exact words. They may still enter for exigent circumstances (someone in danger, evidence destruction) but the burden will be on them to justify the entry, and your refusal preserves your suppression argument.
Social media and communication hygiene during investigation
Anything you post can and will be used against you. Including:
- Public Facebook, Instagram, X/Twitter, TikTok posts
- Private DMs (subject to subpoena)
- Text messages (subject to subpoena or extraction from seized device)
- Voicemails and recorded calls (Texas is a one-party consent state)
- Cloud-stored photos with location metadata
- Public records you create — police reports, family court filings, divorce records
Best practice during an active investigation: stop posting publicly about the matter, do not communicate with co-suspects (potential conspiracy/witness-tampering issues), do not contact alleged victims, and do not consent to friend requests or new account connections from anyone you don't already know. Do not delete anything that already exists — that creates separate obstruction exposure.
If your case is at this stage, do not wait for the State to make the next move.
Call (972) 370-5060Email UsKey Texas terms
- Probable cause
- The constitutional standard required for arrest and most searches. A reasonable belief, based on facts and circumstances, that a specific person has committed a specific offense.
- Target letter
- A formal notice from a federal prosecutor that the recipient is a target of a grand jury investigation. Almost always preceded by significant investigative work.
- Critical stage
- Under the Sixth Amendment, a point in a criminal proceeding at which the right to counsel attaches. Includes post-indictment lineups, plea negotiations, and most courtroom appearances.
- Exigent circumstances
- An exception to the search warrant requirement, allowing warrantless entry when immediate action is necessary (someone in danger, evidence destruction, hot pursuit).
Frequently asked questions
Should I talk to police if they say they "just want to clear something up"?
No. There is no legal benefit to volunteering statements to police during an investigation, even if you believe you are innocent. Anything you say can be used against you, and skilled detectives are trained to elicit incriminating statements from innocent people. Politely decline and contact a defense attorney first.
Do I have to identify myself to police in Texas?
Only when lawfully arrested under Penal Code §38.02. If you are merely detained or stopped, you must provide identification only if you are driving (license + insurance per Transportation Code). Otherwise, you can decline to identify until arrested. Once arrested, you must provide name, address, and date of birth.
Can I be charged with a crime years after the alleged offense?
Yes — as long as the statute of limitations has not run. Texas statutes of limitations range from 2 years (most Class C misdemeanors) to no limit (capital murder, certain sex offenses against children). Most felony statutes run 3-10 years. CCP Article 12.01 lists the periods.
Should I retain a lawyer before I have been charged with anything?
If you have reason to believe you are under investigation — yes. Pre-arrest representation can sometimes prevent charges entirely, reduce the level of charging, or position you for stronger defense if charges do come. By the time of arrest, many of the most important decisions have already been made.
Can the police take my phone during an investigation?
With a search warrant, yes — and they can extract its contents. Without a warrant, they generally cannot search the contents (per Riley v. California, 573 U.S. 373 (2014)). Some exceptions apply at borders and in certain custodial contexts. You can refuse to provide your passcode, though courts are split on biometric unlocks.
What happens if I lie to investigators?
You can be charged with a separate offense — false statement to a peace officer (Penal Code §37.08), perjury, or in federal cases, false statements under 18 U.S.C. §1001. The federal §1001 charge carries up to 5 years per false statement. Silence is always safer than lies.
How long can an investigation last before charges are filed?
There is no time limit. The State can investigate for as long as the statute of limitations allows. Federal investigations frequently run 1-3 years before any charging decision. State-level investigations are typically faster, but complex cases (fraud, multi-defendant cases) can also span years.
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