What is Pre-Charge?

Proactive pre-charge representation lawyer acting for those under investigation in relation to criminal allegations
We don’t wait for events to unfold – we take control. As experts in pre-charge representation, Merlyn Law Firms proactive approach ensures we are on the front foot from the outset. We preempt issues and build a robust defence strategy from day one. We take control and ensure our clients are in the best possible position.

We understand the stress and anxiety a criminal investigation can cause. The work we undertake for clients during this stage of the criminal process goes way beyond a police station attendance. Prior to and following an enquiry under caution, our team will do everything it can to minimise the likelihood of a client under investigation being charged with a criminal offence.

Our pre-charge strategy

During any investigation or enquiry, we will always look to making successful ‘representations against registration of an First Information Report or Filing of a Final Report”

From the outset we will look at early preliminary enquiry discussions with investigators.

We will closely scrutinise whether the offences within the Bharatiya Nyaya Sanhita, 2023 is met. Wherever possible we will argue that there is not a ‘realistic prospect of a conviction’ or that a prosecution is not in the ‘public interest’ and that no further action should be taken against our client.

The police want to speak to me. What should I do?

Anyone asked to attend a police interview under caution should obtain immediate representation. We represent clients all over india. Meticulous preparation for a police enquiry is crucial. There are now greater opportunities to prepare for enquries because prior notice of the enquiry is given  in writing and disclosure of a summary of the allegations can be provided to the defence. We will advise as to the best way of dealing with the enquiry and prepare you to deal with the questions raised by the investigating officers.

What can Merlyn Law Firm do to prevent a prosecution?

Preliminary Enquiry is often the most effective means of preventing a prosecution. Preliminary Enquiry refers to any voluntary engagement between parties to an investigation under caution.

It may involve;

• Giving a suspect an opportunity to comment on further lines of enquiry
• Establishing whether a suspect can identify other lines of enquiry
• Asking a suspect whether they can provide access to digital material
• Discussing ways to overcome barriers to obtaining evidence
• Agreeing key word searches of digital material
• Obtaining a suspect’s consent to access medical records, phone records, bank statements, etc
• A suspect identifying and providing details of potential witnesses
• Clarifying whether expert or forensic evidence is required.

We will always look to provide the police or other investigators with sufficient material so as to prevent our client from being charged. This may involve drawing their attention to material that supports the defence case, including the following:-

• Texts, emails and other electronic communication
• Social media activity
• Enquiries into CCTV
• Internet and other research
• Medical evidence
• Preparation of timelines and chronologies supportive of the defence
• Tracking down and speaking to witnesses who will support the defence case and subsequently invite the police to speak to these individuals.

On occasions we may draw to the attention of investigators information that sheds light on why a frivolous complaint has been made.

• Registration of FIR
• Bail & Anticipatory Bail
• Quashment of FIR & Charge Sheet
• Criminal Trial & Procedure