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Pre-file Representation: Explained in 3 Steps

By: Criminal Defense Attorney Tracy Catherine Miller, Former Deputy District Attorney and Founder of Female-Owned Law Firm, Domestic Violence Legal Center®

Step #1: law enforcement is called (a suspect is detained and released pending investigation against he or she, or a suspect is arrested).

Step #2: investigation continues and police reports are sent to the District Attorney’s Office for consideration.

Step #3: the District Attorney’s Office (Government) decides whether to file charges based upon the police reports. If charges are not filed then you do not go to Court. If charges are filed then you appear at an Arraignment where you plead guilty or not guilty.

In between Step #1 and Step #2 it is important you hire an attorney to discuss Pre-file Representation (also known as Pre-accusatory Representation). During this phase an attorney can proactively work with you to address the matter and hopefully attain a “case rejection” to alleviate litigation or Court. Our form is founded by a former Deputy District Attorney who knows how the system works since part of her career description was to determine what cases were filed and what cases were rejected while she worked as a Prosecutor for the Government in the State of California. It is critical that you secure our firm to represent you during the critical early stages between Step #1 and Step #2. With over 20 years of experience, we are ready to fight for you to defend against criminal allegations from day one.

Remember that police officers do not decide whether charges are filed. They are not lawyers, nor Judges. Therefore, it is imperative that you move swiftly after you have been arrested to seek legal representation before charges are filed by the Government.

Call us immediately at (949) 429-8098, if you would like us to consider a plan with the goal of having your case “rejected for filing” by the Government. We will work with you post-arrest via Pre-File Representation to create a customized Mitigation Plan where we work collaboratively toward the goal of keeping your matter out of Court. If your case is not rejected, we are prepared to continue your assertion of your rights and fight for you in Court at your Arraignment.

DISCLAIMER: participation in review of materials and information issued by Attorney Tracy Catherine Miller and/or her firm is not considered to create an attorney-client relationship and is only for purposes of thought-provoking and innovative consideration regarding the topics at issue.

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