What to Do When You’re Just Arrested: Understanding Pre-File Services
Being arrested is a stressful and overwhelming experience. However, it’s important to understand that an arrest does not mean criminal charges have been filed against you. In fact, there is a critical window of time between your arrest and the decision by the District Attorney’s Office to file charges. This period is known as the pre-file process, and it offers an opportunity to potentially prevent charges from being filed altogether.
If you’ve just been arrested, engaging a skilled criminal defense attorney for pre-file representation can make all the difference in your case. Let’s explore how pre-file services work, why they’re essential, and what steps you should take immediately following an arrest.
What Does “Just Arrested” Mean?
When you are arrested, law enforcement takes you into custody based on probable cause that you committed a crime. However, the arrest itself does not mean you are officially charged with a crime. Police officers forward their arrest reports and recommendations for charges to the District Attorney’s Office, which then reviews the case to determine whether charges should be filed.
During this phase, the role of an experienced criminal defense attorney is crucial. By intervening early, your attorney can present evidence, mitigation strategies, and legal arguments to persuade the District Attorney to reject the case before it even reaches court.
Why Pre-File Representation Matters after an Arrest
The pre-file process is a unique opportunity to shape the trajectory of your case. By taking swift action, a skilled attorney can:
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Influence the Filing Decision: Prosecutors have discretion when deciding whether to file charges. A strong mitigation strategy can convince them to reject the case.
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Avoid Court Proceedings: If charges are not filed, you won’t have to attend an arraignment or face the stress and expense of a criminal trial.
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Protect Your Record: Preventing charges means avoiding a criminal record, which can have long-term consequences on employment, housing, and more.
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Reduce Stress: Knowing that a dedicated legal advocate is working to resolve the matter quickly can provide peace of mind during a challenging time.
How Pre-File Services Work
Pre-file representation, also known as pre-accusatory representation, involves proactive measures to mitigate potential charges. At the Domestic Violence Legal Center®, we take a tailored approach to each case, focusing on the unique circumstances and evidence at hand. Here’s what you can expect:
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Case Evaluation: An experienced attorney will assess your situation, including the arrest report, evidence, and any potential defenses.
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Strategic Intervention: Your attorney will communicate with the District Attorney’s Office, presenting evidence, character references, and other factors that support rejecting the case.
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Mitigation Plans: Customized strategies are developed to address the underlying issues and demonstrate that formal charges are unnecessary.
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Continuous Advocacy: Throughout the process, your attorney will work tirelessly to protect your rights and achieve the best possible outcome.
Just Arrested? Choose a Former Prosecutor Turned Criminal Defense Attorney. Why?
As a former Deputy District Attorney, Tracy Catherine Miller brings invaluable insight into the decision-making process of prosecutors. Her experience includes determining whether to file charges, giving her a unique perspective on how to build a compelling case for rejection. At our firm, we combine legal expertise with a commitment to understanding the nuances of each client’s situation.
Common Questions About Being Just Arrested
Q: If I have a court date scheduled, shouldn’t it show up on occourts.org?
A: Not necessarily. If you cannot find your court date online, it may mean that charges have not yet been filed against you. Your case could still be in the investigation phase or under review by the District Attorney. This is the ideal time to consult with an attorney to potentially intercept the filing and have your case rejected.
Q: Can an attorney really stop charges from being filed?
A: While no attorney can guarantee results, skilled legal representation during the pre-file process significantly increases the likelihood of having charges rejected. By presenting compelling evidence and arguments early, your attorney can influence the outcome before it progresses to court.
Q: What happens if charges are filed?
A: If charges are filed, your attorney will represent you through the criminal court process, working to achieve the best possible outcome. However, preventing charges through pre-file representation is always preferable when possible.
Q: When my wife does not want me prosecuted for domestic violence, will the case be dropped?
A: First, how do you know your wife does not want prosecution? You should never discuss the facts of your case with anyone but a lawyer. Your 5th Amendment Right to Remain Silent under the Constitution should always be considered seriously, and it is imperative you seek legal representation immediately, even if you are not arrested. For example, if you are simply accused of a crime and under investigation, you need to contact a lawyer.
Second, the District Attorney’s Office decides whether a case is “dropped,” not your wife.
Third, hire a criminal defense attorney to craft a plan where both you and your wife may be able to persuade the District Attorney’s Office to reject your case for criminal filing. It is wise and well-worth the investment at this phase for your family to build a legal team who will work for you to create a customized Mitigation Plan under the legal guidance of a former Prosecutor who knows how the system works. This includes the goal of giving the District Attorney’s Office information that emphasizes you and your wife desire your case remain a private, family matter and to avoid the stress of Court and litigation. Call me immediately after you have been arrested to create a customized Mitigation Plan where we work collaboratively at (949) 429-8098.
The Importance of Acting Quickly
Time is of the essence when you’ve just been arrested. The sooner you engage an attorney, the better your chances of preventing charges and minimizing the impact on your life. Waiting until charges are filed limits your options and can make the situation more difficult to resolve.
Protect Your Future
If you are just arrested, it doesn’t have to define your future. With the right legal representation, you can navigate the pre-file process and potentially avoid formal charges. At the Domestic Violence Legal Center®, we are committed to providing skillful, compassionate, and proactive advocacy to help our clients move forward with their lives.
Contact Us for Pre-File Services
If you’ve just been arrested, don’t wait to take action. Contact our office today to schedule a consultation and learn how we can help you during this critical time. With pre-file representation, we aim to protect your rights, prevent charges, and help you achieve the best possible outcome. Your future is worth fighting for.
Disclaimer: Messages from Domestic Violence Legal Center® A Professional Law Corporation do not constitute legal advice. No lawyer-client relationship exists through use of this content. Readers are encouraged to verify the current nature of any point of law