Guide to getting potential criminal charges dropped before they are formally filed
Prefiling intervention is a proactive legal strategy that occurs in the window between the start of a criminal investigation and the formal filing of charges by a prosecutor, as outlined under California Penal Code § 849.5.
When facing law enforcement and the criminal justice system, many defendants and their families mistakenly believe that an arrest automatically leads to formal charges and that they must wait for their first court appearance to take action. In reality, this is a critical time to intervene.
If you or a loved one is under investigation, the experienced legal team at the Helfend Law Group can help reduce charges or prevent prosecution altogether, keeping your record clean.
How the prefiling process works
1. Investigation stage
The process begins with an investigation, which can occur either before or after an arrest. During this phase, law enforcement collects evidence, interviews witnesses and victims (and sometimes the defendant), and compiles their findings into a report. This report serves as the basis for the prosecutor’s decision.
Meanwhile, the defense team conducts its own investigation to challenge or supplement law enforcement’s findings. It’s important to note that detectives have the discretion to present the case as a felony, a misdemeanor, or even drop it due to insufficient evidence.
2. Prosecutor’s review
After law enforcement submits the case, the prosecutor evaluates the evidence to determine whether and what charges to file. This decision hinges on the strength and sufficiency of the evidence, as well as public interest.
A defense attorney can intervene at this point, presenting additional arguments or overlooked evidence to the prosecutor.
3. Prosecution’s decision
There is no set timeline for the prosecutor’s decision, as it depends on the case’s complexity, seriousness, and applicable statute of limitations.
Why consider prefiling intervention?
Prefiling intervention offers significant advantages for defendants facing a criminal investigation. By involving a skilled defense attorney early in the process, defendants have a better chance of influencing the outcome. Here are some key benefits:
1. Avoiding charges altogether
- Presenting exculpatory evidence early on can prevent charges from being filed.
- Defense attorneys can negotiate with the prosecutor, emphasizing weaknesses in the case or alternative explanations for the alleged offense, potentially leading to a decision not to file charges.
2. Reducing charges
- If charges seem likely, a defense attorney can negotiate to have them reduced (e.g., from a felony to a misdemeanor) or advocate for diversion programs like drug treatment or counseling, which can result in dismissed charges upon completion.
3. Gathering evidence
- Early involvement allows the defense team to build a case by gathering favorable evidence, presenting it to the prosecutor before charges are filed.
- This could include presenting exculpatory evidence or challenging the credibility of key witnesses, potentially swaying the prosecutor’s decision.
4. Early resolution
- Prefiling intervention can result in early resolution, sparing defendants the stress, time, and cost of a drawn-out legal process.
When to consider prefiling intervention in California
If contacted by law enforcement but not arrested
If police contact you as part of an investigation but haven’t arrested you, you may be considered a person of interest. This is an ideal time to involve an attorney who can present exculpatory evidence or negotiate with law enforcement to avoid an arrest.
If arrested but not yet charged
There is often a delay between an arrest and formal charges. During this critical time, prefiling intervention can challenge evidence or negotiate alternatives with the prosecutor.
Misunderstandings, false accusations, or exaggerated charges
Allegations sometimes stem from misunderstandings or miscommunications. Early legal intervention can clarify the facts and improve outcomes.
Drug-related crimes
Prefiling intervention in drug cases can lead to diversion programs or reduced charges. Attorneys may also challenge search or seizure legality, potentially weakening the prosecution’s case.
White-collar crimes
White-collar crimes often involve lengthy investigations. If you suspect you’re under investigation, prefiling intervention can help explain misunderstandings or demonstrate a lack of intent.
High-profile individuals or public figures
For public figures, early legal action is essential to protect reputation and minimize public exposure.
Contact Robert M. Helfend for prefiling intervention
If you or a loved one may benefit from prefiling intervention in California, the team at Robert M. Helfend is committed to achieving the best possible outcome. We will investigate thoroughly, liaise with law enforcement and prosecutors, and work diligently to have charges dropped or reduced, saving you time and resources.
Since 1984, Robert M. Helfend has secured favorable outcomes for thousands of clients in California. Recognized by Lead Counsel, Super Lawyers, and the National Trial Lawyers Top 100, he is an award-winning attorney. For a free case review, call 800-834-6434 today.
Published October 24, 2024.