Pre-Filing Representation in LA Criminal Defense Cases

LOS ANGELES PRE-FILING CRIMINAL DEFENSE ATTORNEY
Having a Los Angeles Criminal Defense Attorney by your side in court is imperative.  You have very important rights and defenses and should have someone with the knowledge and skill needed to assert those rights and defenses on your behalf.  Your lawyer can make a big difference in how your case goes in court.  Most people know that having an attorney in court is a wise thing to do, and hire a lawyer when they know that they must appear in court.  What many people are not aware of, however, is just how much an attorney can help if involved early in the process, preferable as soon as there is an arrest, citation or even investigation by law enforcement.

There are a number of ways it can benefit you to have an attorney on your side early in the process, before your case makes it to court.  Here are a few examples of what your Los Angeles Criminal Defense Attorney might be able to do in your criminal matter, before it is ever filed.

AVOID FILING OF YOUR MATTER
When your lawyer initiates contact with police or the prosecuting agency, it immediately becomes clear that if they want a criminal conviction in your case, they will have to work for it.  You being aggressive enough to hire an attorney for pre-filing representation signals to the government that you will not simply be pleading guilty to the crime they want to charge you with.  The prosecution handles a large volume of cases, and wants most people to plead guilty early on in the process.  When they see that you are adamant about maintaining your innocence and fighting the case, they may decide that their time and resources are better spend on other cases.  By pointing out flaws in the government's case, conducting additional investigation, or requesting a meeting with supervisors, it may be possible to avoid a filing of your criminal matter altogether.  This is the best possible outcome.  It keeps your record cleaner than a dismissal in court and does not expose you to the possibility of a conviction and jail or prison time.  This is most commonly effective in domestic violence cases, but may work in a wide range of criminal matters.

HAVE IT FILED AS A LESSER CHARGE
Even if your attorney cannot persuade the prosecuting agency not to file a case, the same process might convoke the prosecutor to file the case as a lesser charge than they had originally intended.  Sometimes this means a misdemeanor instead of a felony or an infraction instead of a misdemeanor; drug possession instead of possession for sales; assault instead of attempted murder; petty theft instead of burglary/robbery, and more.

INDEPENDENT INVESTIGATION
Preserving evidence and witness testimony is imperative to an effective defense in your criminal case.  The police and prosecution investigated the case to find evidence of your guilt, but may not have explored the evidence most likely to show your innocence.  Videos get erased, memories fade and records become harder to find as time passes.  Getting an attorney and a private investigator to do an independent investigation, one not tainted by government bias towards guilt, is a very important step in the process.  Results of an investigation might help coax the prosecution into not filing the case, dismissing the case, or amending to a lesser charge.  In the event that your case is filed and you must defend yourself at trial, having independent evidence to confront the government's witnesses is vital.

CIVIL COMPROMISE
Some misdemeanor offenses can be dismissed in court, at the discretion of the judge, if the victim of the "crime" consents.  This is most common in theft cases, where the offender can pay the victim some sum of money to make the victim whole.  If the victim signs a release form, most judges will honor the civil compromise and the case will be dismissed.  Having an attorney negotiate with a victim on your behalf is imperative, as tampering with a witness is a crime, and the process must be handled carefully.

Pre-filing representation can be the most important phase in your criminal case.  If done effectively, the case might be over before it starts.  If you have been arrested, are under investigation or have already been charged, contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Defense Lawyer.  We can discuss the important details in your case and devise a plan of action for getting your case handled the best way possible.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Published By: Nicholas Loncar | Written by Nicholas Loncar