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Why Hire a Criminal Lawyer Before the Case is Filed?

Posted by Ronald D. Hedding, ESQ. | Jan 26, 2022

When you hire a criminal defense lawyer before a criminal case is filed, hire the lawyer prefiling. The reason you would want to do that is that after a case is filed, the authorities attempt to gather evidence.

In other words, they will investigate you.  They will surveil you.  They will get wiretap evidence by tapping your phone or catching you talking to somebody who has a phone that has been wiretapped.

They can also do a pretext phone call, where they have someone call you and ask you incriminating questions and tape-record the conversation.

Prefiling Intervention in California Criminal Cases

Another essential investigative tool is they will arrest somebody with the intent of trying to get the person to say something incriminating or give them a complete confession.

When you have an attorney prefiling, all of that is dealt with.  In other words, you can always refer anybody that comes to you and tries to talk to you about anything you are concerned about; you can say, I have a family attorney.

His name is Ron Hedding.  Here's his name, here's his phone number.  Talk to him.  Run everything through him.  Then, I will be the one who talks to the authorities. I'll ask the appropriate questions, take notes, and then report what they said to you.

Now, not only are you protected because I'm operating as a buffer between you and the police, but you're also able to gather important information about what the police are doing investigative-wise. Our Los Angeles criminal defense lawyers will take a closer look below.

Getting Criminal Charges Dropped After Arrest

Our criminal defense law firm has helped clients to be exonerated before court after they were arrested. Some examples include charges of corporal injury to a spouse under Penal Code 273.5 PC and statutory rape under Penal Code 261.5 PC.

We have also successfully negotiated for charges to be dropped for rape allegations, domestic violence arrests, and white-collar professionals.

Many defendants who find themselves in the criminal justice system mistakenly believe that an arrest automatically means they have been charged with a crime and nothing can be done before the first court date. This is a myth.

Usually, a first-time offender will bail out on a felony or misdemeanor charge and be given the notice to appear in court later. This is where our lawyers can get to work. Our law firm's early intervention into your case can be crucial to the outcome.

Specializing in Prefiling Intervention

The Hedding Law Firm specializes in “prefiling intervention”, which consists of negotiation with law enforcement and prosecuting agencies in an attempt to get the charges reduced or even have them dismissed entirely before the first court date.

This process includes becoming a partner with our clients to gather the facts that led to the arrest, surrounding circumstances, and mitigating factors. With the help of a private investigator, we can locate witnesses and other exculpatory evidence to build the defense case.

There could be legally significant issues of proof that can be highlighted to show the prosecution can't successfully prove your criminal case beyond a reasonable doubt.

Oftentimes, a police report may be incomplete. A witness could have been missed, or physical evidence not recovered by crime scene investigators.

Our goal is to show all material facts to the prosecution before court to help the arrest offense be dropped. Nobody should be judged based on a short period in their life, but rather their entire background, character, and witness statements.

Often, there will be both issues of proof and significant mitigating factors. After we put together the necessary information, then we are ready to present a formal written position to law enforcement and the prosecuting agencies.

In a typical prefiling intervention, we present several legal positions as we develop the facts of the criminal case. The arguments usually raise reasonable doubt and show the prosecutor the charges will not be proven to a jury.

The ultimate goal is to persuade the prosecutor the case should not be formally filed in court. Sometimes, a reduced offense is achieved through prefiling intervention.

Review of Legal Options After an Arrest

So, having an attorney prefiling, in my opinion, is crucial.  If you are being investigated by the police or think you are being investigated by the police, pick up the phone.

Make the call.  Ask for a meeting with Ron Hedding.  We'll talk about what your options are.  We'll talk about what sort of investigation the police might be doing.

Los Angeles Criminal Defense Lawyer

Another thing that is appropriate in certain cases is we can talk about doing our investigation when we know the police are looking into something.

It may take weeks or months before they do anything, sometimes it's best to gather your information before it's too late.  In other words, memories fade, witnesses move on, video evidence is erased over.

There's a whole host of investigative tools that a sophisticated criminal defense attorney could use to help you. So, if you're looking for someone to help you if you're being investigated prefiling, pick up the phone.  I've been doing this for 30 years.

I've worked for the District Attorney's office, I've dealt the law enforcement, I've seen how they investigate and I've also worked as a Superior Court Judge as his right-hand man, and finally, in 1994, I became a criminal defense attorney representing people just like you, prefiling and through their criminal case.

Hedding Law Firm is based in Los Angeles County and we serve clients throughout Southern California, including Ventura County, Orange County, Riverside, and San Bernardino. We offer a free case evaluation by calling (213) 542-0979.

About the Author

Ronald D. Hedding, ESQ.

Ronald D. Hedding, Esq., is the founding member of the Hedding Law Firm. Mr. Hedding has an extensive well-rounded legal background in the area of Criminal Law. He has worked for the District Attorney's Office, a Superior Court Judge, and as the guiding force behind the Hedding Law Firm. His multi-faceted experience sets Mr. Hedding apart and puts him in an elite group of the best Criminal Defense Attorneys in Southern California.