How Long Does the Da Office Take to Review a Case

Pre-filing Investigations & the California Criminal Process

If y'all are facing criminal charges in California, it is important to empathize the criminal process. If you have been defendant of a criminal offence but have non all the same been charged, or have other questions more specific to your particular case, it is imperative that you lot speak to a criminal defense attorney right away.

The Accusation

An allegation is but a notice to a constabulary enforcement agency that yous have committed a criminal act. The allegation can arise from whatsoever source, be it a citizen or a law officer; or it could come from a regulatory agency, such every bit the Securities Exchange Commission or Drug Enforcement Agency.

The Pre-Filing Investigation

A pre-filing investigation generally involves a law enforcement bureau analyzing and scrutinizing the facts of your example to determine whether the police bureau can recommend that prosecutors file charges against you. During this fourth dimension, the law may question yous or witnesses in the case, or even comport a search of your holding.

During this fourth dimension, the prosecutor has a pregnant corporeality of discretion equally to whether or not charges will exist filed. This means that if the prosecutor believes that the police have not provided potent plenty evidence, he or she can determine against pursuing the case whatever further or request that the constabulary gather more than evidence.

Once the constabulary agency gathers all bear witness and sends your instance to the Commune Attorney's office during the "pre-filing" stage, one of three outcomes will occur:

• The district attorney will file charges against y'all;
• The district attorney will determine to end the investigation with no charges; or
• The prosecution will request the police agency to conduct further investigation and and so return the matter to the district attorney for their review and decision.

During a pre-filing investigation, police enforcement will clarify all of the facts and evidence in your case in order to build a instance and file criminal charges confronting y'all.

For these reasons, it is crucial that you take an experienced attorney on your side, either to convince the prosecutor to non pursue your case, or to consider lesser charges. For example, the attorney might be able to persuade the prosecutor to accuse the crime as a misdemeanor rather than a felony. Your attorney may be able to convince the prosecutor that an infraction is more appropriate than a misdemeanor, which would keep you out of jail. If the law accept yet to plow over their information to the prosecutor, your chaser can present your side of the story to the police and then that the police reports accurately stand for the facts in your defense.

During the pre-filing investigation, your attorney will shield you from police questioning, and will proceed you informed near your rights while under investigation. Remember, any statement y'all make to the police force, regardless of whether you are in custody or non, can and volition be used confronting you lot in court. You have the right to refuse to respond questions or make a statement, even if you accept yet to be arrested and read your Miranda rights.

The amount of fourth dimension that a prosecutor has to act on a case depends on the type of criminal offense and the severity of the crime. For nigh misdemeanor crimes, the prosecution must file charges within one year from the date the criminal offence was allegedly committed. If the crime is a felony, the prosecution generally has three years to file charges from the engagement the offense was allegedly committed.

The Abort

If the prosecution decides to file charges, a warrant for your arrest may exist issued. An arrest involves taking a person into custody for the purpose of holding the suspect until their case is heard in court. The police must accept likely cause to arrest you, which means that the police accept a reasonable belief that y'all committed a detail criminal offense.

If you have been arrested, your chaser may be able to convince the prosecutor to agree to recommend a reduction in your bail, or to accept yous released on your own recognizance. This means you will be released from custody based on your promise to announced in court as scheduled for your arraignment. If your lawyer tin can convince the gauge to release you lot without having to post bond, y'all can potentially save thousands of dollars that you otherwise would have paid to a bail bondsman.

Arraignment and Bail

A defendant in custody on criminal charges has the correct to reasonable bail.

An arraignment is a formal hearing where the approximate advises you lot of charges against you, and explains the constitutional rights available to the defendant. The formal accuse may announced in three forms: infraction, misdemeanor or felony.  At the arraignment, no evidence will be presented and no witnesses will be called to testify. The court will schedule dates for future proceedings.

Bail Hearing

The bail hearing is another area where an experienced attorney can do good you. He or she tin can potentially save you hundreds of dollars by arguing for a reduction in bail. A defendant in custody on criminal charges has the correct to reasonable bail. The court may allow the bond hearing to have place during the arraignment, or require the attorney to file a formal motion and notify the prosecutor of your intent to seek a bond reduction. The prosecutor volition have the choice to contest the reduction.

Entry of Plea

During the arraignment, yous may enter a plea of guilty, non guilty, or nolo contendre (no contest). This ways that you lot practise not admit guilt, but will stipulate that the prosecution has met the elements of the law-breaking.  In addition, you can asking a continuance, meaning your hearing volition exist connected on a later date, for the purposes of retaining an attorney.

Contact the Criminal Defence force Attorneys at Wallin & Klarich Today

Hiring an experienced attorney during the pre-filing investigation stages of your case can accept a large bear upon on the outcome of your future.

If y'all are the subject of a pre-filing investigation, you should seek the assistance of an experienced and aggressive attorney immediately. At Wallin & Klarich, our attorneys accept over 40 years of feel fighting for the rights of those facing criminal charges. We piece of work tirelessly for our clients from the first twenty-four hours we are hired. Contact u.s.a. today for a free, no obligation phone consultation.

With offices in Orange County, Los Angeles, San Bernardino, Riverside, Ventura, Victorville, West Covina, San Diego, Torrance and Sherman Oaks., there is a Wallin & Klarich chaser experienced in criminal defense near you, no affair where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a costless phone consultation. We will get through this together.

cusackcoubjecruir92.blogspot.com

Source: https://www.wklaw.com/pre-filing-investigation/

Share this post