I was speaking to a prosecutor the other day who has been filing cases in the San Fernando courthouse for the last three years.  He finally got a new assignment.  He's sitting in the early disposition court there.  We were discussing pre-filing intervention and his thoughts on criminal defense attorneys attempting to contact him and his fellow filers regarding their clients' efforts to avoid filing.

He said they often frown upon that. They obviously don't have the time or inclination to mess around with pre-filing letters.

However, after I prodded him a little bit, he did indicate that there are certain cases where there's a close call. Suppose the attorney can reach them by phone call or letter and present some favorable mitigating circumstances about their client, or highlight a defense that the police may not have pursued. In that case, they will certainly consider it.

He gave me an idea of some of the things I knew they do, which is that they will pretty much grill the police, and they're going to ask who this guy is.  Why did he do this?  What's going on here?

If there are holes and issues in the case, they will challenge the police officers who come in and try to file cases.  I've been aware of this for a long time.  I've been doing this for twenty-five years, so that the prosecutors who are out there dealing with cases know what it takes to win a case and when they're unlikely to be successful.

So, they will ask questions of the police, and if the police don't have the answers and there are holes and issues with the case, then they will require the police to revisit and continue their investigation.  They will not file a case under these circumstances.

So, they essentially train police officers to ensure that when they arrive, and they're holding a case in their hand, they should have sealed up all the holes and completed their investigation.  Otherwise, the prosecutors will not file the case.

Avoid the Filing of Formal Charges

I am a firm believer in pre-filing intervention in the right case. There are some cases where you can successfully avoid a filing altogether by presenting strong mitigating facts to the prosecutors. In other cases, you can significantly influence the charges that are filed by ensuring the prosecutors see the full picture. However, it's important to note that pre-filing intervention is not a guarantee that charges will be dropped or reduced. It's a strategy to present your case in the best possible light before the filing decision is made.

You know a case is probably going to be filed, but maybe you don't want certain charges filed against your client and want to make sure the prosecutors see the other side of the coin.

We engage in pre-filing intervention if it's the right case. This means that we believe there's a chance to influence the filing decision based on the evidence and circumstances.  If it's not the right case, and we already know they've the evidence and it's going to be filed, it's just going to make us look foolish. So, obviously, we're not going to send a pre-filing letter or call any prosecutors.

However, I have had some recent successes, including sending letters, following up with calls, and resolving cases that were previously unfiled. This track record of success should give you confidence in our ability to handle your case effectively.

Does Pre-Filing Make Sense in Your Criminal Case?

What's crucial is to have an open and honest conversation with your attorney. When you arrive, we'll discuss whether pre-filing is a suitable option for your case. If it does, we'll work together to gather character letters and other documents that will support your case when the prosecutors make their filing decision. Your voice and your story matter in this process, and we're here to listen and understand.

So, if you've a situation where pre-filing intervention makes sense, come and sit down with me.  We'll talk about it, and I'll give you an honest answer.  I'll give you an honest assessment of whether you're just wasting your time or whether it's something that I would do in an effort to avoid filing either or more serious charges being filed against you.

Suppose you're wondering what pre-filing intervention is. In that case, you should realize by this post that it's a defense attorney contacting the filing deputies in the particular courthouse where your case is pending, trying to either convince them not to file the case or trying to convince them to file some other charges different than what the police arrested you for.

Just because the police arrest somebody for a crime doesn't necessarily mean that's what the prosecutors are going to file.  The police are not lawyers.

Remember, just because the police arrest someone for a crime, it doesn't mean that's what the prosecutors will file.  The prosecutors make the final decision, and it's my job as your defense attorney to ensure they see the full picture and make the best decision for your case. If you're facing a potential filing in a Los Angeles criminal case, don't hesitate to call the Hedding Law Firm for a review of your case.