How a Criminal Defense Attorney Can Fight to Prevent Charges From Being Filed
Criminal Defense Attorney Very often when I consult with a potential client, I will routinely hear, “I will give you a call once I get a court date.” Although this may seem like sound judgment; the truth is, waiting that long can be devastating to your case. As a former prosecutor, I understand that the typical criminal investigation involves a law enforcement officer making an arrest, oftentimes on what is barely probable cause, and then turning the case over to the State Attorney’s Office. From there, a Prosecutor will review the charging affidavit, many times without consulting with any witnesses, and then make a formal charging decision. The problem is that the decision is made solely on what is contained within the four corners of the charging affidavit. Rather than waiting for a court date, much can be gained from attacking a case at the intake phase before the Prosecutor ever makes a formal charging decision. When I sit down with a poten...