Should I Hire a Defense Attorney for a Pre-File Investigation?

Having a defense attorney run a pre-file investigation for you or a loved one can be a smart move. If you are under criminal investigation, you don’t have to wait until the district attorney files charges to get a lawyer involved. As it is best to have as much information as possible as quickly as possible, a pre-file investigation allows an experienced criminal lawyer to examine your side of the story. If the investigation turns up evidence in your favor, your attorney might be able to get the charges against your dropped or reduced.

What Is a Pre-File Investigation?

In California, law enforcement and prosecutors investigate many criminal cases before they officially bring charges against a suspect. When they determine to allege an individual committed criminal conduct, they file charges. Therefore, a pre-file investigation occurs before any formal charges are levied against you or your loved one.

After an incident or criminal allegation, a defense attorney can start their pre-file investigation. Depending on the charges you may face, your lawyer may do some or all the following during a pre-file investigation:

• Find and examine evidence.
• Interview witnesses.
• Identify new witnesses.
• Discuss the case with experts, such as DNA or data scientists.
• Compile information on an accuser and their background.

What Are the Goals of an Investigation?

Because the pre-file investigation occurs before any charges are brought, your attorney will try to find information or evidence that helps your case. Your lawyer will then take the results of their investigation and present them to the district attorney. Depending on the strength of the findings, the district attorney may change their mind about pursuing the allegations against you.

In the best-case scenario, a pre-file investigation discovers evidence that clears you of any accusation. For example, the prosecutor could close the case without any charges if the pre-file investigation identifies and verifies an alibi that proves you could not have committed the crime.

But even if you are not entirely cleared, a pre-file investigation can cause the district attorney to only bring lesser charges. For example, you may be under scrutiny for a fight with a neighbor. The neighbor could allege you hit them, which may result in battery charges. But if a witness can say the neighbor merely tripped over their own feet, the case against you could change. Maybe the prosecutor still brings a simple trespassing charge, or they could dismiss the case entirely.

When Should I Hire an Attorney for a Pre-File Investigation?

As soon as you know you are being investigated for a crime, you should consider retaining a skilled criminal defense attorney. A pre-file investigation is more likely to be successful if it launches while events are still fresh in everyone’s mind. There is less time for potential witnesses to forget what actually happened or for evidence in your favor to disappear or be altered.

You should strive to find a law firm that has experience running pre-file investigations in your area. Additionally, ensure the attorney and their firm have the resources to spend time and money tracking down all potential leads.

If you or a loved one are considering whether a pre-file investigation in Orange County, California is right for you, contact Chambers Law Firm. Our team is available 24/7 to begin helping your case. You can schedule a free consultation by calling 714-760-4088 or emailing dchambers@clfca.com right now!