Can a Lawyer Prevent Charges from Being Filed?
In Los Angeles County, whenever somebody is arrested for a crime, the police take the police report and give it to the prosecutors. The prosecutors are then responsible for deciding whether to file the criminal case.
Often, the police do a sloppy job of investigating the case and only provide some information to the prosecutors. Sometimes, it is very close to whether or not the defendant committed a crime and should be prosecuted.
So, if you have a good defense lawyer by your side, that defense lawyer can do what's called pre-filing mitigation on your behalf:
- talk to the prosecutor,
- give the prosecutor, a filing deputy in Los Angeles County, all the information about the case that the police may have missed.
Trust me, the police miss things all the time. I've had several cases where I've sent a letter to the prosecutor to the filing deputy, laying out all of the mitigating circumstances, giving a complete account of what happened, and giving some background on my client.
Even witness statements and character letters can be given to them. Many times, especially in a close case, the prosecutors may decide not to file that case, and that's precisely why you're hiring that attorney pre-filing.
Convincing a Prosecutor Not To File a Criminal Case
You want that attorney in a close case to fight for you and see if they can convince the prosecutors not to file the case.
You're definitely in a much stronger position if there's no case against you than if there is a case against you.
Then, your attorney has to try to fight the case, convince the prosecutors to dismiss it, or even go to a jury trial. That's going to cost you more money. That's more risky.
It's more time-consuming and involves being very nervous and scared for many months while you wait for your trial to occur.
So, pre-filing intervention is crucial in criminal cases. In the proper case—not in every case—it can be the difference between charges being filed and charges not being filed.
I'm always hired for pre-filing situations. When is the proper case, if it's a close call, and if the prosecutors may not have specific information because the police did not give it to them?
Then, I will do everything possible to convince the prosecutors not to file the case. I will send a letter, encourage them to call me and present any mitigating factors. If there's evidence that the police did not gather, I will get that to the prosecutors immediately.
Presenting Mitigating Factors to the Prosecutor
The point is, I will be talking for you, even before the prosecutors decide. Rest assured, all discussions and information shared with me are strictly confidential and protected by attorney-client privilege.
So, a lot of times, even if you can't prevent a filing, you can get some mitigating factors in front of the prosecutors, and this can do a lot of things:
- number one, it can change the charges to less serious charges;
- number two, as indicated, it could cause them not to file the case against you and
- Number three, those mitigating factors will be there even if they file a case.
When your attorney, who will be me, meets with them and talks to them, they'll see some good things about you right from the beginning.
It would be best if you had a champion. It would be best to have an advocate on your side from the beginning. Don't put yourself in a position where you're just at the mercy of the police. You're just at the mercy of the prosecutors.
California Criminal Lawyer for Pre-filing Intervention
Could you pick up the phone? If you or a loved one is being investigated, if the police have contacted you, if it's a pre-filing situation, even if you've been arrested and no charges have been filed against you, and you have a court date pending, get an attorney immediately. Don't wait.
Let your attorney make strategic moves for you before the police get to the prosecutors. Remember, the police are not the ultimate authority. They're not lawyers. Only the prosecutors can file charges. Don't let them rely solely on what the police gather. Let your attorney weigh in to ensure you get the best possible outcome.
They're not allowed to file charges. They don't have the authority. They're not lawyers. Only the prosecutors can do that.
Keep them from relying on what the police gather. Let your attorney weigh in to try to get you the best result.
If you need help or are facing criminal charges, or if a loved one is, don't hesitate to reach out. Could you pick up the phone and request a meeting with Ron Hedding? I'm here for you, prepared to guide you through this challenging time.
With 27 years of experience in the criminal arena, including work for the prosecutor's office and a Superior Court judge, I bring a wealth of knowledge and expertise to your case. I know what it takes to win, and when pre-filing intervention is proper, I know what to do.
