This concept of pre-filing intervention has to do with your criminal defense attorney reaching out to the police and prosecutors about you and your case prior to any filing decision being made.
In other words, the police don’t have the authority to file a case in the San Fernando Valley. They’ve got to go through the prosecutors.
Some cases are prosecuted by the City Attorney’s office, typically misdemeanor cases, while other cases are prosecuted by the District Attorney’s office, typically felony cases. There are some exceptions but very few.
Law Enforcement Criminal Investigation
What happens is, the police investigate your case and then they pass along their findings and investigation to the prosecutors through:
- police reports,
- video tapes,
- audio tapes and other evidence.
The prosecutors, who are lawyers, make the final decision on what cases get filed. What we can sometimes do is first get to the police and talk to them and give them evidence that might be relevant to their case.
In other words, we could give them a witness for example who could refute some of the evidence they may think they have against you. We could also talk to them about the case, this way you don’t expose yourself to talking to them.
Attorney Acts as a Buffer Between You and Police
You’ve got your attorney who’s going to talk to them, pass information for you, pass information along and ask questions.
So, your attorney in this pre-filling situation in the San Fernando Valley basically acts as a buffer between you and the police.
So, number one, you don’t say anything that incriminates you and believe it or not, you can do that and not even try to. The police could lie about what you said.
They could take something out of context. The bottom line is, don’t talk to the police. Let your attorney do the talking for you at this pre-filing phase.
Negotiation with Filing Deputies
Those are the prosecutors who receive the information from the police and then they make a decision. Sometimes they get that information days or even weeks before your court date.
They make a decision and file the case and we can see it in the computer. We can call the District Attorney or City Attorney. They can look your name up with your date of birth, then give us the case number and tell us the case that was filed against you.
Other times, especially during these difficult unprecedented times, they’re holding onto cases and they’re bringing them in especially in big felony cases, the day of the court.
So now, the filing deputy has to make a quick decision.
So, sometimes that pre-filing could be crucial because we’ve already to to them before the police get to them, giving them good information about you, mitigation on the other side of the store related to your case.
So, pre-filing intervention in the San Fernando Valley, in my opinion is crucial.
Even if you know they’re going to file a case against you because they have evidence against you, you still want your attorney right away.
Criminal Lawyer for California Crimes
This will give you some piece of mind to act as a buffer and to do whatever is possible with those San Fernando Valley prosecutors to make sure that you’re treated fairly right from the beginning.
My name is Ron Hedding. I’ve been doing this now for almost 30 years. I love criminal defense. I love helping people.
I’ve work for the District Attorney’s office. I’ve worked for a superior court judge and I’ve worked for people just like you since 1994 as a criminal defense attorney.
Pick up the phone and ask for a meeting. I stand at the ready to help you.