what can a lawyer do if no charges filed

A defense lawyer may convince a prosecutor ("filing DA") from not pursuing criminal charges. A Filing DA reviews the police reports, and investigation submitted to him by the arresting police agency. If the Filing DA decides no charges will be filed, the case is referred to as a "reject."

Full Answer

What happens if no charges are filed against you?

People avoid arrest, speak with an officer and are not arrested, or are arrested and taken to jail but then released after 72 hours because no criminal charges were filed. Many hope that no charges filed means they might be off the hook.

What happens if the prosecutor declines to file criminal charges?

In this scenario, the prosecutor declines to file formal criminal charges. This is overwhelmingly good news, but it is important to keep in mind that the fact that charges were not filed does not necessarily mean that no charges could have been filed, or that no charges could possibly be filed in the future.

Can my attorney speak to the police for me?

Your attorney can speak to law enforcement for you. Before criminal charges are filed against you, the police may try to speak to you regarding your case. The police may try to talk to you informally about your case in-person or over the phone to try to get more information or even a confession from you.

Can you be arrested without a criminal charge?

A Criminal Defense Lawyer | Attorney’s Perspective. As criminal defense attorneys, we get variations of this question all the time. People avoid arrest, speak with an officer and are not arrested, or are arrested and taken to jail but then released after 72 hours because no criminal charges were filed.

How do you avoid charges being filed?

One way to prevent charges is by advising you during questioning so you don't provide incriminating evidence to the police. We'll start investigating right after we're retained. We will talk to witnesses, police officers, and discuss the situation with the prosecutor.

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.

Do police need evidence to charge?

1. The evidential test. Before charging, the CPS must be satisfied that there is enough evidence. This means there must be a realistic prospect of conviction in relation to each accused and for each and every charge.

Prosecuting Attorneys Make Charging Decisions on Their Schedule, Not Yours.

The decision to file a charge is always the decision of the local city, county or state prosecuting attorney and every one of these offices makes c...

Cases Can Be Filed Anytime within The Statute of Limitations of Each Crime.

Almost every kind of criminal charge in Washington has a limited time in which charges can be filed. This concept is called the Statute of Limitati...

So You Are saying, “I Could Have to Wait For A Year Or More?”

Technically, yes, this is the answer most criminal defense lawyers | attorneys will give you; however, in practice, we see lower level crimes being...

What to do if you are being accused of a crime?

If you are being accused of a crime, it is important for you to understand the process leading to charges being filed against you. This process can happen in one of two ways: 1. Pre-filing Investigation. An experienced Wallin & Klarich attorney may help you avoid facing any criminal charges.

What happens if you are 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. You should hire a skilled defense attorney right away.

What happens during a pre-filing investigation?

As is the case during a pre-filing investigation, the prosecutor (and the prosecutor alone) will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges. If so, he or she will file a formal complaint with the Court, and the prosecution commences.

What happens when a prosecutor decides there is enough evidence to proceed?

If the prosecutor determines that there is enough evidence to proceed, he or she will draft a formal complaint to file with the Court. Once these formal charges have been filed, the District Attorney’s office will do one of two things:

How long is the statute of limitations for a felony?

For felony offenses, the statute of limitations is three years; or. With certain felony offenses, there is a longer statute of limitations. There is usually a gap between the time the police officer generates the police report and the time the prosecutor makes their filing decision. It is during this gap in time that your attorney is able ...

What happens when a police officer arrests you?

After you are arrested, the police officer will draft a police report and forward that report to the proper prosecutor’s office. As is the case during a pre-filing investigation, the prosecutor (and the prosecutor alone) will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges. If so, he or she will file a formal complaint with the Court, and the prosecution commences.

What happens if a case is sent back to the appropriate law enforcement agency?

If the case is sent back for further investigation, charges must be filed by the prosecutor’s office within the applicable statute of limitations.

What is a case where charges have been dismissed?

A situation where charges have been dismissed is different from a situation where charges were never filed. In the case of dismissal, the prosecutor actually formally filed criminal charges with the Court, and then dismissed them by motion later.

What are the ways a criminal case can end short of a conviction?

There are various ways in which a case can end short of a conviction: including dismissals and acquittals, and no charges filed.

What does it mean when a prosecutor receives an intake packet?

Sometimes when a prosecutor receives and intake packet, they will notice that something is missing. It could be a supplemental report from an involved officer. It could be an important interview of a victim or witness. It could be an interview of the suspect or an attempt to at least get their side of the story.

What do people want to hear about criminal justice?

More than anything, they want to hear that it’s over, and they simply want that sense of relief that comes with closure. From a legal standpoint, it’s a bit more complicated though. There are different words and phrases used to convey various stages of the criminal justice process, and some resolutions are more final than others. There are various ways in which a case can end short of a conviction: including dismissals and acquittals, and no charges filed. This page will attempt to provide a glossary and discussion of some of the commonly used phrases as to the status of charges.

How long does it take to get a criminal report back?

If a given case has had materials sent to the crime lab for analysis, it can be several weeks or even several months to receive an official report back.

How long does it take for a drug case to be referred to a grand jury?

It could take weeks for a low-level drug case (for example) to be submitted to a grand jury.

Can charges be filed if new evidence comes to light?

In any event, it’s important to understand that in many cases, charges could possibly be filed if new evidence came to light. The only legal barrier to the prosecutor filing charges would be the statute of limitations or a lack of speedy trial.