Criminal defense in Yates, Steuben, Ontario, Wayne and Monroe Counties215 Main Street, Penn Yan, NY 14527+1 (315) 575-4205[email protected]
Tom Plan Law, PLLC

Home › Services › Stage 1 of 6

Investigation and pre-indictment

Draft for you to change.

A case often starts long before anyone is charged. A detective leaves a card, a friend says the police asked about you, or someone calls you out of the blue about an old incident. What happens in these weeks can decide whether a charge is ever filed.

What is happening

The police, and sometimes the District Attorney, are gathering evidence: interviews, phone records, video, search warrants, and statements from the people involved. In some cases they ask the complainant to call or message you while an investigator records, hoping for an apology or an admission. New York allows this because only one party to a conversation needs to consent to the recording.

Your rights

  • You do not have to answer questions. Say clearly that you want to speak to a lawyer, and then stop talking.
  • You do not have to consent to a search of your home, car or phone. Do not resist, but say that you do not consent.
  • Do not discuss the matter with anyone else, by phone, text or social media. Those conversations are not privileged.

What we do

  • Speak for you. We contact the investigator, find out what is alleged and, where it is wise, make any statement through us.
  • Preserve evidence. Surveillance video, phone data and records can disappear quickly. We send preservation letters and collect what helps you.
  • Investigate. With our investigator we find and interview witnesses and visit the scene.
  • Talk to the District Attorney. Where it helps, we put information in front of the prosecutor before a decision is made.
  • Plan for what comes next. If a charge is coming, we arrange a voluntary surrender rather than an arrest at work or at home, and we prepare for the grand jury.

Tom: photo to shoot: the conference table at 215 Main Street with a case binder open and an evidence-preservation letter (no names visible).

Results

In September 2026 a Yates County homicide investigation closed with no charges brought against our client. See all past cases.

Prior results do not guarantee a similar outcome.