Peter Blair | May 13, 2015 | Featured Front Page
The answer is yes! A knowledgeable, California defense attorney can move to halt charge or charges from being filed, even if an arrest has taken place already. Of course this is entirely dependent on the type of case you have so it is always good to take advantage of that free initial consultation.
If you have not yet formally been charged with the crime, there is time for a defense attorney to step in to speak with the prosecutor before charges are made official with the office of the District Attorney. Your attorney quickly will speak to the prosecutor in your defense, often influencing him or her not to file the charge or charges at all.
Two processes for being charged with a crime
One of two processes will take place after an individual is accused of a crime by the police. The first process is a pre-filing investigation, during which law enforcement investigates the crime first before making a formal arrest. If a lack of evidence exists, the police often will begin a pre-filing investigation to gather sufficient proof of the crime to present to a prosecutor. Once sufficient data is present, a prosecutor can issue an arrest warrant or send a notice in the mail stating the charges and a date to appear in court. At this time, it is too late for a defense attorney to prevent charges from being filed.
The second process for being charged with a crime is an immediate arrest, which results in a ride straight to jail. This activity typically takes place if law enforcement witnessed the crime taking place. Once arrested, the police then will inform the prosecutor of the crime or crimes. The prosecutor decides whether or not to move forward with the filing of criminal charges.
Preventing charges from being filed against you
It is important to contact a skilled, defense attorney immediately if you are part of a criminal investigation or have been arrested already for a crime or crimes. There typically is a lapse in time between the writing of the police report and the filing decision made by the prosecutor. Your attorney can use this period to speak to the prosecutor about your case. He may convince the prosecutor that sufficient evidence does not exist. The prosecutor may agree and reject the case or he or she may decide a further investigation is appropriate for the situation. If you believe an arrest is near or you just have been arrested, don’t hesitate to contact a California defense attorney as quickly as possible to speak up on your behalf to the prosecutor. It often is crucial to have your attorney in place before the filing of charges have been made. Once charges are formally filed, a court process, often extensive, is in your future. This makes it more difficult for a lawyer to defend your actions.
Contact my office
Are police starting to ask you questions? It definitely is time to get in touch with an aggressive defense lawyer. My office has the ability to protect your rights against self-incrimination. Hiring an attorney before the charges have been filed officially can lead to a better outcome. Prevent criminal charges from being filed, don’t wait to learn how I can be of help to you today. Call (619) 357-4977 or email. We are available over the phone or online 24/7.