How Your Attorney May Prevent Any Charges from Being Filed Against You
Most people believe you only need a lawyer if you have already been arrested, but sometimes it is best to be proactive and get an attorney before you find yourself in trouble with the law. If you believe you are under investigation for a possible crime, or that you might be facing an arrest soon, an experienced Southern California criminal defense attorney might be able to convince the prosecutor to reconsider its decision to charge you with a crime before the case ever gets to court or before you find yourself under arrest.
Two Paths to Start a Criminal Case
To charge you with a crime, the prosecutor must file a formal criminal complaint with the clerk of court in the county where the crime occurred. For example, if you are being accused of a crime in Los Angeles, this process can happen in one of two ways:
Before a charge is formally filed against you, a police officer could investigate a possible crime without making an arrest. This usually occurs when the investigating officer is not entirely sure you have actually committed a crime, or because the officer has not been able to locate you.
Once the police officer has gathered sufficient evidence, he or she will meet with the prosecutor. The officer presents all of the evidence obtained, including physical evidence, statements from witnesses, or your own statements, and makes an argument that you should be charged with a crime. Only the prosecutor has the power to decide whether to file, and what charges will be filed against you.
Before this filing happens, your Southern California Wallin & Klarich criminal defense attorney can take the opportunity before the complaint is filed to contact the prosecutor and argue that the case against you is not strong enough to proceed. The sooner your attorney can get started, the better your chance to avoid prosecution will be.
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Arrest and Police Report
A criminal case can also start with a law enforcement officer making a physical arrest if the officer catches you “in the act” of committing a crime or has probable cause to arrest you. After you are arrested, the officer will draft a report to send to the proper prosecutor’s office. Here, the process becomes the same as before: the prosecutor will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges, and then proceed to file the complaint if he or she believes the case can be made.
Again, hiring an experienced Wallin & Klarich criminal defense attorney after your arrest but before the case is filed gives you the chance to convince the prosecutor that there is no case to be made. Your attorney can argue that the evidence is not strong enough to charge you, or that any police or procedural misconduct during your arrest could lead to a dismissal.
How Can My Wallin & Klarich Attorney Influence the Decision to File?
What if the prosecutor decides the evidence is insufficient, or there is otherwise not a reasonable likelihood of successful prosecution? If so, the prosecutor has the option of:
- Not filing and “rejecting” the case outright; or
- Sending the case back to the appropriate law enforcement agency for further investigation.
For most crimes, charges must be filed with the court within the applicable statute of limitations. If the case is not filed before the statute of limitations expires, it cannot be filed. Generally, in California, the statute of limitations for criminal offenses one year for misdemeanor offenses and three years for felony offenses. However, certain felonies have longer statutes of limitations, such as those for sex crimes against children. If the crime is one that is punishable by life in prison or the death penalty, such as murder, there is not a statute of limitations.
Contact the Criminal Defense Attorneys at Wallin & Klarich For Help
If you have been arrested, or think you are under criminal investigation, any delay in retaining an attorney could mean you lose the critical chance to put a stop to the case before it starts. An experienced criminal defense attorney can have the most impact on the outcome of your case before the decision to file has been made. At Wallin & Klarich, we have more than 40 years of experience in handling pre-filing cases in Southern California. Let us help you today.
With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance, and Victorville, there is an experienced and skilled Wallin & Klarich criminal defense attorney available to help you no matter where you are located.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will be there when you call.
