There are circumstances under which it may be possible to stop criminal charges from ever being filed. In this interim period before formal charges are filed by the State of California, a seasoned criminal defense attorney, well-familiar with a defendant’s side of the story, may present evidence, information, and the statements of witnesses to the prosecution. Seeing this picture of the facts and circumstances as painted by a knowledgeable and experienced criminal defense attorney may convince the prosecution to file reduced charges or no charges at all.
After making an arrest or investigating a suspected crime, the police take their evidence to the district attorney. Here, the evidence is evaluated and the decision to file criminal charges, if any, is made. Typically, the prosecutor makes this decision based solely on the evidence presented by the police, even though there is usually more to the story.
While the prosecution considers filing criminal charges, criminal defense attorneys have the opportunity to sift through the evidence related to the case and attempt to identify the likelihood of having the charges reduced or dismissed prior to charges even being filed.
Upon completion of this process, California criminal defense lawyers can also meet with the prosecutor during this same period. These attorney-advocates representing the accused can present the witness statements, evidence, and information as collected by the defense that shows the defendant’s side of the story. When the prosecution is exposed to the whole picture, and not just what the police or the alleged victim says, they may decide to file lesser charges, such as a misdemeanor rather than a felony, or not file criminal charges at all.
As a California Criminal Trial Lawyer with over 40 years of courtroom experience, John Patrick Dolan has handled everything from traffic tickets to death penalty murder cases. Mr. Dolan is a recognized California State Bar Certified Specialist in Criminal Law and a true courtroom veteran of domestic violence defense cases. Call us today at (760) 775-3739 or find out more online here.