“Can a Criminal Lawyer Help Before Charges Are Filed?” – The Power of Pre-Charge Intervention
“The police want to ‘interview’ me. I haven’t been charged with anything. Do I need a Criminal Lawyer?”
A client called me last year. His neighbour had made a complaint to police. He was not sure what the complaint was about. Police left a card asking him to come in for a “voluntary interview.”
He thought: I have nothing to hide. I’ll just go talk to them.
I told him: Do not go. Do not speak to them. Not until we talk first. You need a Criminal Defence Lawyer before you say a single word.
We met. I contacted the investigating officer. I discovered the neighbour had alleged an assault. There were no witnesses. No video. No injuries.
I submitted a Glanbrook letter to the Crown explaining why the case could not succeed. The Crown agreed. Charges were never laid.
The client never spent a day in court. Never had a criminal record. Never even was arrested.
That is the power of pre-charge intervention with a skilled Criminal Defence Lawyer. And most people do not know it exists.
Table of Contents
What is Pre-Charge Representation?
The Glanbrook Letter: Your First Line of Defence
Attending Police Interviews with Your Criminal Lawyer
Investigating Before the Police Do
The Window of Opportunity (It Closes Fast)
Common Signs You Are Under Investigation
What NOT to Do During an Investigation
Frequently Asked Questions
Why Costa Law Firm Excels at Pre-Charge Defence
What is Pre-Charge Representation?
Most people think you hire a Criminal Lawyer after you are charged. Some think you hire one after you are arrested.
The best time to hire a Criminal Defence Lawyer is before any of that happens.
Pre-charge representation means:
You retain a Criminal Lawyer when you learn you are under investigation
You do not speak to police without your Criminal Defence Lawyer
Your Criminal Lawyer communicates with police and the Crown on your behalf
Your Criminal Lawyer attempts to persuade the Crown not to approve charges
This is not “getting you off” – because you are not charged yet. This is preventing charges from ever existing.
The Glanbrook Letter: Your First Line of Defence
A Glanbrook letter (named after a 1982 Ontario case) is a written submission to the Crown Attorney asking them to decline to approve charges.
The letter argues one or both of:
No reasonable prospect of conviction – The evidence is too weak for a reasonable jury to convict.
Prosecution not in the public interest – Even if a conviction were possible, the public interest is better served by not prosecuting (e.g., minor matter, accused has no record, complainant has motive to lie).
Glanbrook letters work. I have written dozens. Many resulted in charges never being laid.
But a Glanbrook letter must be written by a Criminal Defence Lawyer. The Crown does not take letters from accused people seriously. They take letters from experienced Criminal Lawyers seriously.
Attending Police Interviews with Your Criminal Lawyer
Police often ask to “interview” people who are under investigation. They frame it as voluntary. They say: “Just come in and tell your side. It will help us close the file.”
This is almost always a trap.
If you attend alone:
You will be questioned without a Criminal Lawyer present
You may say something incriminating without realizing it
The officer will write down everything you say
That statement becomes evidence
If you attend with your Criminal Defence Lawyer:
Your Criminal Lawyer stops you from answering harmful questions
Your Criminal Lawyer can ask the officer questions
Your Criminal Lawyer can terminate the interview at any time
Your Criminal Lawyer ensures your rights are respected
Often, we advise clients not to attend the interview at all. Our letter to the officer says: “My client will not be attending an interview. Please provide the evidence you have, and we will respond in writing.”
Sometimes the officer never follows up. The investigation dies.
Investigating Before the Police Do
When you hire us pre-charge, we do not just wait. We investigate.
As your Criminal Defence Lawyer, we:
Interview potential witnesses who support your version
Collect evidence (texts, emails, videos) that show the complaint is false or exaggerated
Document your background (employment, character references, no prior record)
Identify any motive the complainant may have to lie (jealousy, revenge, custody dispute)
We then present this evidence to the Crown in the Glanbrook letter. The Crown sees that the case is weak – and that we are ready to fight.
Often, the Crown decides the case is not worth pursuing. Charges are never laid. That is the value of a skilled Criminal Defence Lawyer in Toronto.
The Window of Opportunity (It Closes Fast)
Pre-charge intervention works best in the period between:
When you learn of the investigation, AND
When the police submit their report to the Crown
Once the Crown approves charges, the window closes. You are now defending against existing charges – which is harder than preventing them.
This window can be days or weeks. You must act immediately. Call a Criminal Defence Lawyer as soon as you suspect you are under investigation.
Common Signs You Are Under Investigation
You may be under investigation if:
Police have contacted you for an “interview” (even if they say it is voluntary)
Police have contacted your friends, family, or coworkers asking questions
You have heard that someone made a complaint about you
Police have attended your home or workplace (even if they did not arrest you)
You have received a “Notice to Trespass” or other documentation
If any of these happen, you are under investigation. Do not wait. Call a Criminal Lawyer in Toronto.
What NOT to Do During an Investigation
Do not talk to anyone – not police, not the complainant, not witnesses. Anything you say can be used against you. Let your Criminal Defence Lawyer speak for you.
Do not destroy evidence – deleting texts, emails, or videos is a criminal offence (obstruction of justice).
Do not contact the complainant – this can be seen as witness intimidation or an attempt to settle the case improperly.
Do not post on social media – police can and will read your posts. Do not talk about the case anywhere.
Do not try to “handle it yourself” – speaking to police without a Criminal Defence Lawyer is the fastest way to turn an investigation into charges.
Frequently Asked Questions
1. Can a Criminal Defence Lawyer really stop charges before they are filed?
Yes. I have done it many times as a Criminal Defence Lawyer. Pre-charge letters, witness interviews, and evidence collection can convince the Crown that a case is not worth pursuing.
2. How much does pre-charge representation cost?
Fees vary based on complexity. Pre-charge work is often less expensive than defending against charges because it involves fewer court appearances. Contact Costa Law Firm for a confidential consultation with a Criminal Lawyer.
3. What if the Crown approves charges despite my Criminal Lawyer’s letter?
Then you are charged. But you are in a much better position because your Criminal Defence Lawyer already knows the evidence, has collected defence evidence, and has already communicated with the Crown.
4. Should I go to a police interview if I have nothing to hide?
No. Nothing you say can help you. It can only hurt you. Even innocent people say things that sound guilty. Remain silent and let your Criminal Defence Lawyer speak for you.
5. How do I know if I am under investigation?
You may not know for sure. If police contact you in any way about an alleged offence, assume you are under investigation. Call a Criminal Defence Lawyer in Toronto before responding.
6. Can police compel me to attend an interview?
No. Unless you are arrested, you do not have to attend a police interview. You can simply say “no” or “speak to my Criminal Lawyer.”
7. What is a “voluntary” interview?
“Voluntary” means you are not under arrest and can leave. But police will use anything you say. There is no benefit to attending voluntarily. Do not go. Call a Criminal Defence Lawyer first.
8. Can I record my police interview?
In Canada, you can record your own interactions with police, but you must tell them you are recording. However, it is almost always better to say nothing at all. A Criminal Lawyer can advise on recording.
9. How long does a police investigation take?
Weeks to months. The window for pre-charge intervention is often short – days or weeks. Call a Criminal Defence Lawyer as soon as you learn of the investigation.
10. What if I already spoke to police without a Criminal Lawyer?
Call a Criminal Defence Lawyer immediately. We cannot erase what you said, but we can sometimes argue that your statement was not voluntary or that your Charter rights were violated.
Why Choose Costa Law Firm for Pre-Charge Defence
As a former Crown Prosecutor now practicing as a Criminal Defence Lawyer in Toronto, I know exactly how the Crown decides whether to approve charges. I know what arguments work.
I have stopped hundreds of cases before they ever reached a courtroom. Assaults. Thefts. Sexual allegations. Domestic complaints.
Do not wait for the knock on the door. Call us before charges are laid.
The Best Defence is a Pre-Charge Offence
You do not have to wait to be charged. You do not have to sit in fear of an arrest that may never come.
Take control. Hire a Criminal Defence Lawyer now. Let us intervene before the Crown makes a decision.
Contact Costa Law Firm immediately if you believe you are under investigation. We will assess your situation, contact the police or Crown, and fight to keep charges from ever being filed.
Prevention is better than defence. Call a Criminal Defence Lawyer before the warrant, not after.
