"Pre-arrest" interview by TX detective - legal?

Here's a weird one for ya'all.

My brother is a senior accountant and lives in Texas. Last year, he lost his job at a non-profit because he was accused of embezzlement. No charges were filed.

Last week, a local police detective contacted him and asked him to come downtown for an interview. Wanting to cooperate, my brother went.

The detective said that the non-profit was planning to press embezzlement charges but would not do so for two or three months. He read my brother his Miranda rights but did not formallly arrest or charge him.

My question is: why on earth would the detective do this? I see no legal reason - or any reason - for a police detective to conduct such an interview.

[JETX]

Some of this confusion may be a result of not understanding the process.....

Apparently the employer has already filed a criminal complaint with the police department. This is what the detective was investigating. If the detective finds sufficient grounds for charges to be filed, he takes the case to the DA (or a magistrate) who would then take action (issue a warrant).

I believe the detective was simply trying to find out the facts of the case. And, since he was not under arrest at the time (nor was one being considered), the Miranda wasn't required. And your brother could have refused to co-operate or asked for legal representation at any time during the 'investigation'.

That's why he is detective....he has to do some detecting to see if there's any embezzling.

All this sounds reasonable - one thing I didn't make clear is that the detective said flat-out that charges would be forthcoming. If the case is so cut and dried, why didn't the detective simply make an arrest?

Also, my reaction is tempered by the fact that our police are some of the best money can buy. Therefore, I admit I viewed the whole interview with a fair degree of suspicion. The detective had already gone as far as to run background checks.

My feeling is that we need to employ a good white-collar lawyer now instead of later.

The reason the detective didn't make an arrest is that he would have to have file charges with in a certain number of hours, (in ca 72 for felony). He is still investigating the crime and wanted to get your brothers side of the story, and look for any contradictions or incriminating remarks. There may be another interview forth coming that is more of an interrogation that will require maranda. Your brother may be arrested at that time. Or once he has the whole story he will go to the DA and present the case for filing and maybe an arrest warrant.