how a criminal lawyer can prevent charges from being filed

In certain cases, a criminal defense lawyer may be able to “get ahead” of an investigation and present evidence that will keep any criminal charges from being filed. In other cases, a defense lawyer may be able to arrange for an acceptable plea bargain in advance of a client’s arrest. IF YOU ARE BEING INVESTIGATED, WHERE CAN YOU TURN?

Full Answer

How can I avoid facing criminal charges during pre-filing investigation?

An experienced Wallin & Klarich attorney may help you avoid facing any criminal charges. During a pre-filing investigation, a police officer investigates a crime and does not make a physical arrest.

Can my attorney influence the Prosecutor’s decision to file charges?

What most people do not understand is that a person, even if arrested by the police, is not formally charged with a crime until/unless a prosecutor at the District Attorney’s office files a formal complaint with the clerk of Court. Before this happens, your attorney may be able to influence the prosecutor’s decision to file charges against you.

Can a police officer file criminal charges against you?

The officer may recommend certain charges, but only the prosecutor has the power to formally file criminal charges against you. If the prosecutor determines that there is enough evidence to proceed, he or she will draft a formal complaint to file with the Court.

Do I need a lawyer if I have been arrested?

If you are arrested, or think you may be arrested, any delay in retaining an attorney to defend you will put you at a significant disadvantage. Oftentimes, your attorney can have the most impact on the outcome of your case before the decision to file has been made.

Why do lawyers defend criminal?

Criminal defense lawyers must provide "zealous" representation. Another reason that lawyers can defend people regardless of guilt is that our society gives each citizen the right to be vigorously defended in a court of law. The U.S. Constitution assures every citizen due process and the right to legal counsel.

Who decides what cases to prosecute?

ProsecutorsThey have what is called "prosecutorial discretion." Prosecutors can look at all the circumstances of a case, including the suspect's past criminal record, in deciding whether and what to charge.

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

Is a witness statement enough to convict?

What is reassuring for defendants is that whilst a signed statement from a complainant is enough for a charge, it is not necessarily enough to secure a conviction. The complainant must be able to convince the jury or magistrates that the defendant is guilty beyond reasonable doubt.

How Can My Wallin & Klarich Attorney Influence the Decision to File?

What if the prosecutor decides the evidence is insufficient, or there is otherwise not a reasonable likelihood of successful prosecution? If so, the prosecutor has the option of:

How does a criminal case start?

A criminal case can also start with a law enforcement officer making a physical arrest if the officer catches you “in the act” of committing a crime or has probable cause to arrest you. After you are arrested, the officer will draft a report to send to the proper prosecutor’s office. Here, the process becomes the same as before: the prosecutor will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges, and then proceed to file the complaint if he or she believes the case can be made.

How to charge someone with a crime?

To charge you with a crime, the prosecutor must file a formal criminal complaint with the clerk of court in the county where the crime occurred. For example, if you are being accused of a crime in Los Angeles, this process can happen in one of two ways:

Can a police officer investigate a crime without arrest?

Before a charge is formally filed against you, a police officer could investigate a possible crime without making an arrest. This usually occurs when the investigating officer is not entirely sure you have actually committed a crime, or because the officer has not been able to locate you.

How can an attorney stop charges from being filed?

An attorney can however stop charges from being filed by gathering evidence and pointing out flaws in the state’s case to the state attorney, which intern does them a favor simply because they really don’t want to be filing charges that later on they would have to seek administrative approval to either substitute for lesser included offenses, substitute for other offenses, or just not file completely and if they are not in a position where they can take care of that upfront and they have to go through the supervisor chain of command, that can result in a word back from the higher ups that says, “No, you have to go forward with this”. By early intervention, a criminal defense attorney can potentially reduce or eliminate certain charges from being filed.

What to consider when recommending a plea offer dismissal?

The number one factor that I consider when deciding to recommend a plea offer dismissal or trial is what the client wants as an outcome. This is a conversation we have at the initial consultation when I ask people basically “What do you want as an outcome?” After this number of years of practicing law, I think that I know what the answer is going to be. Nevertheless, it’s critically important to listen to what the client wants to do. At the same time, criminal defense counsel often have to be the agent of reality. Sometimes, people don’t get the whole love, they might only get half a love and it’s in their best interest to take a felony plea offer. The problem you run into in some cases are where you run the risk of 7 years in prison if a person takes the plea offer and a risk of 15 if they lose at trial.

Why is Florida a criminal justice system?

The criminal justice system is nothing more than applied political power. Each county sheriff all across the state of Florida, in 67 counties, is an elected politician. Likewise, each state attorney for the 20 judicial circuits in the state of Florida is an elected official. Elected officials such as sheriffs and prosecutors, elected state attorneys have a vested interest in very high conviction rate. Anytime these charges are filed and then later dismissed, that looks bad in their eyes. So if a criminal defense attorney gets involved early, points out evidentiary problems that could lead to problems to trial, possible suppression of evidence, and other evidentiary matters, then this can cause the divisional assistant state attorney who will actually be prosecuting the case not to file some or all counts.

What is the safest thing a criminal defendant can do?

One of the safest and smartest things that a criminal defendant can do is hire the best legal team you possibly can, do so as early as possible and then have them try to preempt charges, so that they are not filed in order to prevent the problems I described earlier.

Can an attorney stop charges?

The only time an attorney can absolutely stop charges from being filed is when they do one of several things that affects the collection and preservation of evidence. For example, someone may be tempted to make their case better by talking to the police yet because they are not skilled at giving interrogation interviews, ...

Do criminal defense counsel get half a love?

At the same time, criminal defense counsel often have to be the agent of reality. Sometimes, people don’t get the whole love, they might only get half a love and it’s in their best interest to take a felony plea offer.

Can a charge be dismissed upfront?

The problem with that is very simple. A charge dismissed upfront and never even filed upon is not a charge where someone is risking 6 months, a year, 5 years or even more if, for some reason, they lose at a jury trial. One of the safest and smartest things that a criminal defendant can do is hire the best legal team you possibly can, ...

What to do if you are being investigated in California?

If you are under investigation for white-collar crime – or any crime – in Southern California, or if you believe that you are being investigated, an experienced criminal defense attorney will save you money, time, and possibly a great deal of aggravation or grief.

Why is it important to know how an attorney can help you?

It’s important to know how an attorney can help you because anyone could be wrongly accused of a crime and need an attorney’s help.

What is the pre-filing stage of an investigation?

In the “pre-filing” stage of an investigation, the police investigate a crime without making an arrest. During this stage, the police may not have – and will be seeking – sufficient evidence that a particular suspect has committed a particular crime.

What is the role of a defense lawyer in a criminal case?

A defense lawyer’s early intervention in a criminal investigation may include interviewing witnesses, talking to the investigating police officers, and discussing the case and the potential charges with the prosecutor.

What happens if a police officer witnesses you?

If a police officer witnesses you perpetrating a crime, you will probably be arrested “on-the-spot,” and your attorney will have little time to stop a charge from being filed.

When is a suspect charged with a crime?

After a criminal suspect has been formally taken into custody, that suspect is not actually charged with a crime until a prosecutor has filed the charge with the court.

How are different types of crimes handled?

Different types of crimes are handled differently by law enforcement investigators. A violent criminal suspect who is deemed a threat to the public will be arrested as quickly as possible, but police investigations into white-collar crimes and other non-violent crimes can be quite lengthy.

How Can Having An Attorney Prior To Bond Be Helpful For A Defendant?

The purpose of a bond is to ensure that you appear in court . Hiring an attorney gives the court more assurance that you are not going to flee the jurisdiction.

Does Invoking The Right To An Attorney Make A Suspect Look Guilty?

Police officers are counting on people having the perception that if they invoke their right to counsel, it will make them look guilty. This is not true, asking for an attorney is the smartest thing you can possibly do if you are being questioned as a suspect in an investigation.