Pre-Indictment & Pre-Charge Investigation Lawyer in Dallas
» Print This PageStop the Charge Before It Stops You. Hire a Pre-Indictment Investigation Attorney Now.
Pre-indictment is the only phase of a criminal case when charges can still be stopped before they’re filed, and once an indictment is returned the leverage shifts to the prosecution. Dallas criminal defense attorney Michael Lowe represents clients during the pre-charge investigation phase, working to prevent indictments through grand jury packets, evidence gathering, and direct prosecutor negotiations. Call (214) 526-1900 for a free consultation.
Most people don’t call a criminal defense lawyer the day they realize they’re under investigation.
They wait.
They tell themselves the case must not be that serious because they haven’t been arrested.
They assume that if charges were really coming, something would have happened by now.
Six months go by, then a court date appears in the mail, and they finally call a lawyer the week before they’re supposed to appear.
By that point, the prosecution has already done the work of building the case.
Witnesses have been interviewed.
Phones and computers have been searched.
Statements have been collected.
The grand jury, if there’s going to be one, has already met.
The leverage that existed during the pre-indictment phase, the leverage to stop the case before it became a case, is gone.
The pre-indictment phase, the time before law enforcement makes an arrest or before a grand jury votes on an indictment, is the most powerful and the most dangerous moment in any criminal case.
It is powerful because a pre-indictment investigation attorney can sometimes prevent charges from ever being filed, but only if the lawyer is involved while the investigation is still being built.
It is dangerous because anything you say, write, send in a text message, or hand over to investigators during this period can be used to build the prosecution’s case against you, and detectives are not required to tell you the truth about the scope of the investigation or what evidence they have.
If you’ve heard that someone has been asking questions about you, if a police officer has called and asked you to “come down to the station,” if a federal agent has shown up at your home or business, or if you’ve received a target letter from a U.S. Attorney’s Office, the time to act is now, not six months from now.
Michael Lowe is a Dallas criminal defense attorney with more than 20 years of experience representing people under criminal investigation who haven’t yet been charged, and the work he can do during the pre-indictment phase is fundamentally different from the work any lawyer can do once charges have already been filed.
How Michael Lowe Can Help You Fight Pre-Indictment and Pre-Charge Investigations
People under investigation don’t just need legal advice, they need a defense strategy built before the prosecution’s case is locked in.
Michael Lowe provides full pre-indictment legal representation focused on stopping criminal charges before they are filed, controlling what investigators learn, and preparing for any outcome.
He can help with the following pre-indictment matters in Dallas, Tarrant County, Collin County, Denton County, and federal cases throughout Texas.
Independent Evidence Gathering and Witness Investigation
The most important work in any pre-indictment case is the work of building the defense’s own version of the facts before the prosecution’s version becomes the only version on the record.
Michael Lowe runs a parallel investigation from the day he is retained, locating and interviewing favorable witnesses while their memories are still fresh, preserving text messages, emails, voicemails, surveillance footage, Ring camera recordings, and other digital evidence before it is overwritten or deleted, and retaining private investigators when the facts call for it.
He also uses independent polygraph examiners protected by attorney work product privilege, which means an unfavorable result stays confidential and a favorable result becomes leverage that can be presented to the district attorney, attached to a grand jury packet, or used in pre-charge negotiations.
This work is what makes everything else on this page possible, and it cannot be done after charges are already filed and witnesses have moved on.
Target and Subject Representation in Federal Investigations
If you have received a target letter, a subject letter, or a federal grand jury subpoena, you are already inside a federal criminal investigation.
Michael Lowe responds to federal target letters with formal letters of representation to the Assistant United States Attorney handling the matter, opens lines of communication with the case agent, and represents clients facing scrutiny from the FBI, DEA, ATF, IRS Criminal Investigation Division, Homeland Security Investigations, and the U.S. Attorney’s Office for the Northern District of Texas, working to limit the investigation’s scope and seek pre-charge resolutions before federal charges are filed.
Federal Probable Cause and Detention Hearings
When a federal arrest happens, the defendant is brought before a U.S. magistrate judge for an initial appearance, and within days the court holds a probable cause hearing and a detention hearing under the Bail Reform Act of 1984.
These early federal hearings are the first real opportunity to challenge the government’s evidence, cross-examine the case agent, and argue against pretrial detention before the case ever reaches an indictment.
Michael Lowe represents clients at federal probable cause and detention hearings where the government must show probable cause that a federal crime was committed and must persuade the court that no condition of release will reasonably assure the defendant’s appearance and the safety of the community.
Examining Trials in Texas State Court
A Texas examining trial under Code of Criminal Procedure Article 16 is a pre-indictment hearing held before a magistrate to determine whether probable cause exists to hold the accused for grand jury consideration.
The defense can cross-examine the State’s witnesses under oath, force the prosecution to put its case on the record before indictment, and lock in testimony months before trial.
Examining trials are underused by defense lawyers and rarely volunteered by prosecutors, but when used strategically they can produce sworn testimony that becomes powerful impeachment material if the case eventually goes to trial, and in some cases the magistrate refuses to bind the case over to the grand jury at all.
State Pre-Charge Investigation Defense in Dallas County
Local detectives often build cases for weeks or months before forwarding them to the Dallas County District Attorney’s Office.
Michael Lowe steps in during this stage to manage all communication with police, prevent damaging interviews, and challenge weak or one-sided evidence before it ever reaches the Intake/Grand Jury Division.
Pre-Indictment Negotiations and Plea Resolutions
Many cases can be resolved before formal criminal charges are ever filed.
Michael Lowe negotiates directly with prosecutors at the Dallas County District Attorney’s Office, surrounding county DA offices, and the U.S. Attorney’s Office to seek case rejections, reductions from felony to misdemeanor, pretrial diversion eligibility, or pre-charge plea deals when those serve the client’s interests better than fighting an indictment.
Grand Jury Packet Preparation
In Texas, a felony case can only be formally charged when a grand jury issues an indictment, and the defense is not allowed inside the grand jury room.
Most cases don’t merit a grand jury packet, but in the right case Michael Lowe drafts and submits detailed packets including witness statements, expert reports, exculpatory evidence, polygraph results, and legal arguments designed to persuade grand jurors to return a “no bill.”
White Collar, Drug, Sex Crime, and Violent Offense Pre-Indictment Defense
Pre-indictment investigations cover the full range of serious criminal cases in Texas.
Michael Lowe handles pre-charge work in white collar crimes including fraud and money laundering, drug crimes including federal trafficking and conspiracy, sex crimes, violent offenses including assault and domestic violence cases.
What to Do Before You’re Charged
Michael Lowe routinely tells clients to never voluntarily provide DNA, never consent to a search of their phone or computer, never agree to a police-administered polygraph, and never give law enforcement permission to search their home, vehicle, or business without a warrant.
This is not about being uncooperative.
When you refuse consent, you force law enforcement to apply for a search warrant, and to get that warrant the officer has to swear out a probable cause affidavit detailing every fact the State believes supports the case.
Once that warrant is executed, the probable cause affidavit becomes accessible to the defense.
That affidavit is one of the most valuable documents an experienced criminal defense lawyer can have during a pre-indictment investigation.
Michael Lowe uses the probable cause affidavit to identify every witness the police have spoken to, every claim the State is relying on, and every weakness in the government’s theory.
He uses that information to interview those same witnesses with their version on record, identify contradictions, and, when the facts support it, arrange for an independent polygraph examination protected by attorney work product privilege.
A favorable polygraph result, paired with the inconsistencies in the State’s own affidavit, can become part of a grand jury packet that persuades a grand jury to “no bill” the case.
None of that is possible if you let the police search your phone or computer, swab your cheek, or walk through your house without a warrant.
The single most damaging thing a person under investigation can do, short of giving a statement, is consent to a search that the police would otherwise have to justify in writing.
Why a Former Dallas County Prosecutor Is the Right Lawyer to Stop Your Indictment
Most criminal defense lawyers wait until charges are filed before they get to work.
By then, the prosecution’s case is built, the witness list is set, and the investigators have moved on to their next file.
Michael Lowe takes a different approach because he understands how the other side builds a case.
He spent years as a Dallas County prosecutor before opening his own criminal defense law firm in 2003.
That experience translates directly to your defense, because he knows exactly how a detective writes an offense report to maximize the chance of an indictment, how an Assistant District Attorney decides which cases to present to the grand jury, and what kinds of defense arguments actually move prosecutors to reduce or reject charges before filing.
He has been Board Certified in Criminal Law by the Texas Board of Legal Specialization since 2007, a credential held by only a small fraction of Texas attorneys.
The practical effect is that your case will be handled by a lawyer whose criminal law expertise has been formally tested and verified, not just claimed in marketing materials.
Michael Lowe has tried more than 150 jury trials and has dedicated 100% of his law practice to criminal defense for over 20 years.
Prosecutors at the Dallas County District Attorney’s Office and the U.S. Attorney’s Office for the Northern District of Texas know that if they file charges, they are going to be fighting a former colleague who has been on both sides of a courtroom and is prepared to take any case to trial.
Many criminal defense lawyers will accept a pre-charge case, send a single letter to the detective, and wait to see what happens, while Michael Lowe builds a complete defense file from day one and pushes back at every stage of the criminal investigation.
Get the Pre-Indictment Defense You Need to Stop Charges Before They’re Filed. Call Now.
Once an indictment is filed, the leverage shifts to the prosecution.
Once you’ve already given a statement to law enforcement, that statement doesn’t go away.
The pre-indictment phase is your one chance to fight a criminal case before it officially exists.
Every day you wait is another day investigators spend building their case and another day favorable witnesses become harder to find.
If you’ve been contacted by a detective, served with a grand jury subpoena, received a federal target letter, or even just heard that you might be under criminal investigation, don’t try to handle it alone and don’t speak to law enforcement officers without legal counsel.
Call (214) 526-1900 now to schedule a free consultation about your pre-charge investigation.
Get the strong defense you need before a single criminal charge is filed.
Frequently Asked Questions About Pre-Indictment and Pre-Charge Investigations in Dallas
What is pre-charge investigation?
A pre-charge investigation, also called a pre-indictment investigation, is the period before formal criminal charges have been filed, during which law enforcement and prosecutors gather evidence to decide whether to bring a case. This phase can include witness interviews, surveillance, search warrants, grand jury subpoenas, and review by a district attorney or U.S. Attorney’s Office. Hiring a pre-indictment investigation attorney during this stage gives you the best opportunity to influence the outcome before any criminal charges are filed.
What does a pre-indictment investigation attorney do?
A pre-indictment investigation attorney represents people who are being investigated but haven’t yet been charged with a crime. The lawyer manages communication with law enforcement, conducts an independent investigation, prepares grand jury packets, negotiates with prosecutors for case rejection or reduction, and protects the client’s constitutional rights throughout the criminal investigation. The goal is to resolve the matter favorably before an arrest, an indictment, or an arraignment ever occurs.
Can pre-investigation by the defense attorney result in no charges?
Yes. A skilled criminal defense lawyer who intervenes early can sometimes persuade prosecutors to decline prosecution, secure a “no bill” from the grand jury, or negotiate a diversion or reduced charge before any indictment is filed. Outcomes depend on the facts of the case, the strength of the prosecution’s evidence, and how effectively the defense team presents exculpatory evidence and legal arguments.
What happens at a pre-indictment stage in Texas?
During the pre-indictment stage, investigators build their case, the district attorney reviews the evidence, and felony cases are typically presented to a Dallas County grand jury for a vote on whether to issue an indictment. The accused has no right to be present in the grand jury room and the defense attorney is not allowed inside either, but the defense can submit a written grand jury packet. At least nine of the twelve grand jurors must find probable cause for a “true bill” indictment to issue; if not, the case is “no billed.”
How does a federal grand jury indictment work?
A federal grand jury has 16 to 23 members, and at least 12 jurors must vote to return an indictment under Federal Rule of Criminal Procedure 6. Federal grand jury proceedings are secret, the defense attorney is not permitted inside the room, and witnesses cannot have counsel with them while testifying. The standard for indictment is probable cause, the same standard used in state grand juries.
How long does the pre-indictment phase last?
There is no fixed length for the pre-indictment phase, and it varies widely depending on the complexity of the case and the agency conducting the investigation. Texas felony cases must generally be indicted within the applicable statute of limitations under Chapter 12 of the Texas Code of Criminal Procedure, which is typically three years for most felonies but can be longer for fraud, sex offenses, and other specific crimes. Federal investigations can last months or years, and most federal crimes carry a five-year statute of limitations.
How long does Texas have to indict you on a felony charge?
For most Texas felonies, the State has three years from the date of the alleged offense to present an indictment, though longer periods apply to certain offenses such as fraud, sexual assault, and crimes against children, and there is no statute of limitations for murder. Under Texas Code of Criminal Procedure Article 17.151, if you are in custody on a felony and the State isn’t ready for trial within 90 days, you may be entitled to release on a personal bond. Article 32.01 also requires the State, when a defendant is in custody or on bail, to present an indictment by the last day of the next court term after commitment or admission to bail or by the 180th day, whichever is later, or show good cause by affidavit.
Do I need a lawyer if I haven’t been arrested or charged with a crime?
Yes. Hiring a criminal defense attorney during a pre-charge investigation is often the single most important decision a person under investigation can make, because anything you say to law enforcement officers can be used against you. An experienced pre-indictment investigation lawyer can prevent damaging statements, conduct independent fact-finding, and intervene with the district attorney or federal prosecutors before any criminal charges are filed.
Is it too late to hire a pre-indictment lawyer if I haven’t heard anything in months?
No. The fact that nothing has happened publicly does not mean nothing is happening behind the scenes, and waiting because the case feels “quiet” is one of the most common mistakes people under investigation make. Detectives and federal agents routinely build cases for six months or longer before an arrest, an indictment, or a court date is scheduled, which means the gap between the start of the investigation and the first formal court action is the exact window when defense intervention has the most leverage. Hiring a criminal defense attorney during that quiet period is almost always more valuable than hiring one the week before a first court appearance.
How much does a pre-indictment investigation lawyer in Dallas cost?
Legal fees for pre-indictment representation vary based on the complexity of the criminal investigation, whether the case is state or federal, and the work required to investigate, negotiate, and prepare grand jury materials. The Law Offices of Michael Lowe offers a free initial consultation so potential clients can discuss their situation and understand fee options before making any commitment. Fees may be structured as fixed fees or hourly rates, and payment plans may be available in some cases.
What is a pretrial diversion program in Texas?
Pretrial diversion is an alternative to prosecution that allows certain defendants to complete supervision, treatment, or community service in exchange for case dismissal. Dallas County offers several diversion programs through the District Attorney’s Restorative Justice Division, with eligibility generally limited to first-time, non-violent offenders, and some programs require referrals to be submitted pre-indictment or within a set window after indictment.
What happens if federal agents show up at my home or business?
You have the right to remain silent and the right to refuse consent to a search unless agents have a valid warrant. Politely decline to answer questions, request a copy of any warrant, and contact a federal criminal defense attorney before saying anything substantive about the federal investigation.
What if police execute a search warrant during a pre-indictment investigation?
You generally cannot stop the search, but you can document what occurs, refuse to answer questions, and contact a criminal defense attorney immediately. Warrants that fail legal requirements for probable cause, particularity, or judicial authorization can be challenged, and improperly obtained evidence can sometimes be excluded from any future case.
Should I let the police search my phone, computer, or take a DNA sample?
No. You are under no legal obligation to consent to a search of your phone or computer or to provide a DNA sample voluntarily, and consenting waives constitutional protections that would otherwise force law enforcement to apply for a search warrant. When police are required to get a warrant, they have to swear out a probable cause affidavit, and that affidavit later becomes a written record of what the State knows, who they have spoken to, and what their theory of the case is, which a defense attorney can use to interview witnesses, identify weaknesses, and build a defense. If officers are asking for consent, it is almost always because they don’t yet have enough evidence to get a warrant on their own.
Should I take a polygraph if police ask me to?
No. Police-administered polygraphs are not for your benefit, and the results are typically used to pressure suspects into making admissions during the post-test interview rather than to clear them. If a polygraph would help your case, your defense attorney can arrange one privately with an independent examiner, and the result is protected by attorney work product privilege, which means an unfavorable outcome stays confidential while a favorable outcome can be used strategically. A favorable independent polygraph can be presented to the district attorney during pre-charge negotiations, attached to a grand jury packet, or used as leverage in plea discussions, but only when the examination is controlled by the defense rather than the State.
How do I choose the right pre-indictment investigation lawyer?
Look for an attorney who is Board Certified in Criminal Law by the Texas Board of Legal Specialization, has prosecutorial experience, focuses 100% on criminal defense, and has a documented track record of pre-indictment results, grand jury “no bills,” and trial experience. Michael Lowe meets each of these criteria and has been defending people under criminal investigation in Dallas since 2003.
