If you have been arrested or are under investigation, the most effective strategy is to hire a criminal attorney that can immediately begin your defense through the preliminary phase of pre-filing representation to prevent charges from ever being filed at all.  At this stage of a criminal defense case, there is a valuable window of opportunity to improve the situation before charges are brought.  Ft. Lauderdale Criminal Defense Attorney Della Fera has a successful track record of persuading local prosecutors not to file charges, to drop charges, or to significantly reduce charges in many cases.  Many people think that once the police make an arrest, charges are immediately filed.  However, there is an investigation phase while the prosecution reviews the evidence, police reports… and determines how the case can proceed.  During this phase, a well versed criminal defense attorney is able to advocate immediately after the client becomes aware of a problem.best-defense-criminal-attorney-can-help-stop-a-case-from-being-filed-e1435030408344

What Can Your Attorney Do?

Early intervention from a criminal defense attorney can include the chance to interview witnesses while information is fresh, talk to the police to avoid the client having to do so, and discussing the case and evidence with the prosecutors possibly avoiding a charge being filed, or the filing of a reduced charge.  An effective criminal defense lawyer can bring in favorable facts or point out favorable law that the prosecutor did not learn from the police or otherwise discover.

Up until the District Attorney’s office has formally filed the complaint, a criminal defense lawyer can help prevent the charge from being made at all, or argue for a lesser charge.  The District Attorney’s office can accept the charges recommended by the police officer, impose a heavier charge, reduce the charge, or drop the case.

A criminal attorney who is well versed in Fort Lauderdale laws and case processes can help convince the prosecutor to drop or reduce the charges. This is possible if your attorney can prove the case against you is weak or insufficiently supported by evidence. Prosecutors actually need to make careful decisions about which cases should be filed since it can affect their conviction rate. If the prosecutor allows a case to be filed despite the lack of strong evidence during the pre-filing investigation, and the case was dismissed later on, his/her status could be negatively affected.

Aside from the validity of the claim, prosecutors are also in charge of determining the severity of the punishment (if applicable). An experiences criminal defense attorney can argue the evidence (or lack there of) in order to have the prosecutor change the charges to a lesser offense. There are two ways of doing so:

Lesser Included Offense – When a lesser crime is charged in place of a more serious one. Common examples are ‘unlawful entry’ instead of ‘burglary’, or ‘manslaughter’ instead of murder. Lesser offenses can be argued by noting awareness and intent of the accused when he/she committed the crime, if the circumstances of the case provide an opportunity to do so.

Lesser Related Offense – When a related crime is charged in place of a more serious one. For example, vandalism vs. burgary—if the accused had no intent of taking anything.

A criminal charge can have long-lasting and serious consequences, including jail time. When you’re arrested for a crime, don’t lose time in calling a defense attorney who can advocate on your behalf for the best possible outcome—including the prevention of charges from being made, or reduction of charges and their corresponding punishments.

 

Sources:

(Resolving Your Case Before Trial, Supremecourt)

(Why Drop Criminal Charges?, attorneys.com)

(Lesser Included Offense, legal-dictionary)

(Do Lower Conviction Rates Mean Prosecutors’ Offices Are Performing Poorly, ndaa)