San Diego Criminal Defense Lawyer Explains Pre-Filing Representation San Diego Criminal Defense Attorney
In most criminal prosecutions, the defendant does not have counsel at the pre-filing stage in a criminal case. Many people facing arrest and criminal charges do not retain an attorney until charges have been filed and the case is set for an arraignment in court. Additionally, the right to representation by appointed counsel (the public defender), does not begin until arraignment, when the public defender is appointed for those who cannot afford counsel. Having an experienced criminal defense attorney on your side during the investigative and filing stages of a case can actually make the biggest impact on your case. It is usually best to retain counsel as early in the process as possible, for a number of reasons. Some of the benefits to early representation include:
THE GOVERNMENT'S INVESTIGATION The police are trained to gather evidence pointing to guilt and can use a number of tactics to achieve that goal. Police and/or the prosecuting attorney's office will investigate a crime, specifically working to gather evidence of the suspect's guilt and to strengthen a case. This includes interrogation of suspects, seeking out and bringing in witnesses and reviewing physical evidence. Having a defense attorney protect your rights during this stage is essential. Not only can you invoke your right to remain silent and right to counsel, but being represented by an experienced criminal defense attorney will ensure that you do not provide the investigators with any incriminating information or anything that can help strengthen the case against you. As soon as you retain counsel, the police can no longer subject you to interrogation, which makes it less likely that they will be able to prove their case. THE DEFENSE INVESTIGATION With the government's investigators conducting a biased investigation geared towards gathering evidence of guilt, it is important to gather evidence that the government might overlook. This includes questioning defense-friendly witnesses, seeking out objective evidence to contradict the prosecution's theory and more. Getting surveillance tapes, cell phone videos, cell phone call or text records and even getting witness statements while still fresh all require early intervention. If there is evidence out there that can help your defense, it will be most easily preserved and gathered if you have an experienced criminal defense attorney on your side to lead the investigative efforts. THE FILING DECISION Perhaps the most important reason to have representation before a criminal case is filed is to attempt to persuade the prosecuting attorney NOT TO FILE your case. If the case is not filed in the first place, there will be no case to defend in court. It is essentially the best possible outcome in a criminal case not to have the matter ever filed in court. The prosecution might be willing to do this in cases pointing to the would-be defendant's innocence, and cases where the client's character is deserving of a break or the benefit of the doubt. Persuading the prosecuting agencies not to file charges is not an easy task, but is done frequently in our office. It is important to make a persuasive case for diversion, a case rejection or an office hearing. This requires not only knowing who to approach with such a request, but how to present the most compelling case to that specific person. An experienced criminal defense attorney can make the prosecutor see you as a person who does not deserve the negative consequences that they might otherwise expose you to. RESTITUTION AND CIVIL COMPROMISE Another way that having representation can help you to avoid charges or other negative consequences is the possibility of getting a case dismissed or reducing the possible punishment by making restitution. An attorney can assist with a repayment to possible victims without adding evidence of guilt. Consult with an experienced San Diego Criminal Defense Attorney to discuss how restitution might affect your property crime case (theft, vandalism, hit and run, etc.). CASE STRATEGY CONTINUITY Developing and maintaining a defense strategy from early on in the process will help to yield better results. With the ability to control things like negotiations, evidence-gathering, witness information and more, having an attorney involved early can help to fit the pieces together to provide the best defense possible. Having to pick up the pieces later on in the stages of a criminal case might make it more difficult to establish the defenses. Pre-filing Representation will be especially effective in: Hit & Run Cases, Domestic Violence Cases, Theft Cases, Vandalism, cases with weak evidence, cases involving first time offenders and more. If you or a loved one has been arrested or is presently under investigation, consider hiring an attorney at once. Consult with an experienced lawyer and determine what steps, if any, need to take place to best protect your rights and your freedom. Contact us now for a Free Consultation. 619-550-4422
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