• PRE-FILING REVIEWS BY PROSECUTION
Areas of Legal Practice: Joseph J. Pappacoda
After you are arrested, but before a formal filing decision is made by a prosecuting authority, an attorney can be proactively involved in convincing the prosecution not to file the case, not to seek an indictment, or to seek reduced charges for a Client.
Few people realize that the crimes they are arrested for do not necessarily represent the same crimes that are prosecuted for. That is because policemen are generally not lawyers and are not held to fine nuances of matching elements of crimes to the provable facts of a particular case. More often than not, there are add charges, changed charges, and reduced charges possible in the mix.
An astute attorney may be able to intervene at the pre-filing stage, and provide reasons why the prosecutor should drop the charges that you were arrested for, or file reduced charges. Oftentimes, you can provide a package of materials to the prosecutor for his or her consideration, which may include witness Affidavits, Waivers Of Prosecution, or other documentation, that can be reviewed by a prosecutor with an eye toward giving you the relief you seek, without ever having to step into a courtroom. That is an awesome achievement when it happens, and it happens a lot.
The pre-filing package is always the first aggressive line of your defense and should not be taken lightly.
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