As a legal advisor, my role is to guide my clients through the pre-filing process, providing them with the necessary legal advice and strategies. I often work with clients who have not yet had a case filed against them. Sometimes, a case is under investigation, and other times, they've been arrested, posted bail, and are waiting for their first court date, which is called the arraignment in a criminal case. In some cases, not all, there is a chance to try to get the case dismissed or obtain what is called a non-filing before the court date, or even at the court date. Therefore, it's essential to comprehend the pre-filing issues.
A lot of times, what we do is file what is called a mitigation package and send it to the filing deputies for the prosecutors — either the City Attorney if it's a misdemeanor, or if it's a felony, we will send it to the District Attorney's office that has jurisdiction over the particular case.
Los Angeles County is divided into several different jurisdictions, each with its own District Attorney's office, headed by a District Attorney and its own Assistant District Attorneys. It's the same thing with the City Attorney's Office.
What we're trying to do is reach that pre-filing deputy before they decide whether to file the case or not. We usually send a letter — we can have it delivered or email it if we can target the right person. What we'll have in the letter is obviously, kind of all of the mitigating factors laid out very concisely — not too much — you can't write a book, or they're not going to take the time to read it — but lay it out in a very professional way, really giving the client's version of what happened in the best light to the client.
The prosecutors know that; they realize that, and they're going to match that up against whatever they have. In addition to that, we will include character letters from friends, family, a job, a school, or a church — any type of religious organization — that shows that the person is a good, upstanding community member who is not likely to repeat whatever behavior got them into trouble in the first place. These letters can highlight the individual's positive contributions to their community, their remorse for their actions, and their commitment to rehabilitation and reform.
Avoiding Filing of Formal Criminal Charges
What we're really trying to do is avoid filing. We discuss pre-filing intervention, which makes sense to the average person, and often, people say, ' Please get the case dismissed against me. I got arrested. I've got a court date pending. The reality is that what we're trying to do in this pre-filing situation in Los Angeles is to avoid filing altogether. So, we're not really looking to dismiss the charges. We don't want the charges to be filed.
What happens is that in both prosecuting agencies — whether it is the City Attorney's Office or the District Attorney's Office — the case is sent to a filing deputy by the police. Once the filing deputy receives it, they will review the case and decide whether to file and what to file.
They have a number of options. If we can get the mitigation package to them — if it's a close call — they'll often review it and not file the case. So, that's what we're aiming to do. At minimum, we want to try to get that mitigating package into the court file, so even if they do file the case, we've got that in there and we're already off to a head start in trying to resolve the matter.
City Attorney & District Attorneys Hearings
One key thing that they can do if they think it's a close case but want to give the person the benefit of the doubt is to conduct a City Attorney Hearing. Essentially, they've a hearing office and hearing officers — typically, they're not prosecutors. They're just people who try to resolve cases.
So, if they send it to a City Attorney's Hearing in the City Attorney's office, then most of the time, they will wait to file that case. I'll appear with the client. We'll talk to them. We'll give our side of the story. We'll be professional and police. Often, we can avoid that filing, and I've even seen them take the extra step of coordinating with law enforcement to seal the arrest record.
As for the District Attorney, they don't typically hold District Attorney Hearings in Los Angeles County; however, they can decide not to file the case. They can offer you an alternative to being criminally prosecuted in the Los Angeles court. They can have the officer investigate the case further. Once they receive our letter, they may say, 'We need to look into this case further.' We didn't receive all the necessary information. We've only got half the story.
Therefore, pre-filing dismissal or pre-filing efforts to avoid any criminal charges are very important. It does not apply in every case, so don't let other attorneys fool you out there. It would be best if you spoke with someone like me, who has been doing this for twenty-five years. I will give you the straight truth about whether you have any chance of avoiding a case being filed against you before it is filed. This emphasis on the importance of professional legal advice will ensure that you are well-informed and prepared for the legal process.
Sometimes, they have the evidence on you. They're going to file a case against you, and it's just a matter of mitigating things; other times, it's a close call — it's a gray area — and we really have a good chance to get that pre-filing information in an attempt to get that non-filing or City Attorney Hearing so you can avoid having a blemish on your record and facing the criminal process in Los Angeles. This reiteration of the potential for a positive outcome can instill hope in such a challenging situation.
