It’s a good idea to have a defense attorney conduct a pre-file investigation for you or a loved one. You don’t have to wait until the district attorney files charges to get a counsel if you’re being investigated for a crime. A pre-file investigation allows an expert criminal lawyer to analyze your side of the story, since it is essential to have as much information as possible as fast as feasible.
If evidence in your favor is discovered throughout the inquiry, your attorney may be able to get the charges against you withdrawn or reduced. Contact Simmons Wagner, LLP at (949) 439-5857 if you would like to get started right away.
What is the purpose of a pre-file investigation?
Many criminal cases in California are investigated by law enforcement and prosecutors before charges are filed against a suspect. They submit charges when they believe an individual has engaged in criminal activity. As a result, before any official accusations are filed against you or a loved one, a pre-file inquiry is conducted.
A defense attorney might begin their pre-file research after an event or criminal allegation. During a pre-file investigation, your lawyer may undertake any or all of the following, depending on the accusations you may face:
- Locate and evaluate evidence
- Interview witnesses
- Find witnesses
- Consult with specialists in the field, such as DNA or data scientists
- Compile information on the accuser’s background
What are the objectives of a probe?
Because the pre-file investigation takes place before any charges are filed, your lawyer will look for information or evidence that can support your case. The results of your lawyer’s inquiry will subsequently be presented to the district attorney. The district attorney may decide not to pursue the allegations against you based on the strength of the findings.
A pre-file investigation may, in the best-case scenario, uncover information that clears you of any charges. For example, if the pre-file investigation discovers and validates an alibi that indicates you could not have committed the crime, the prosecutor might terminate the case without filing charges.
Even if you are not completely exonerated, a pre-file inquiry might lead to the district attorney bringing just minor charges. For instance, you may be investigated for a brawl with a neighbor. It’s possible that your neighbor will accuse you of hitting them, which might lead to battery charges. However, if a witness can testify that the neighbor tripped over their own feet, the lawsuit against you may be thrown out. The prosecutor may still file a mere trespassing charge, or the matter may be dismissed outright.
If you would like to learn more about this option or request a free consultation, contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation.