how long after attorney gets pre file investigation do they press charges

That can often take weeks or months. During those weeks or months, personal and direct intervention by a criminal defense attorney can sometimes pressure the police to expedite and conclude their investigation.

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How long does it take to file a pre filing investigation?

 · Evaluating the Evidence Against You. A pre-file investigation is the step in the criminal process when law enforcement investigates the evidence regarding your potential involvement in a crime. This happens before formal charges are filed. During a pre-trial investigation, if there is not sufficient evidence found against the individual, then ...

How long does the prosecution have to file charges?

Instead, suspects should consult an attorney. 3. How long are pre-file investigations? It varies case-to-case. Some can last months. This is not unusual in cases involving: Large-scale rings for drug-trafficking (NRS 453.3385) White-collar crimes; Racketeering (NRS 207.400) 4. Do investigations occur before arrests? It depends.

How can I avoid facing criminal charges during pre-filing investigation?

A pre-file investigation is when a criminal defense lawyer or law firm investigates allegations of criminal conduct, on behalf of a client, before formal charges get filed. The term “ pre-file ” is used because the investigation takes place before the official filing of charges. During this investigation, the defense attorney or firm may:

How long do you have to press charges for assault?

For most misdemeanor crimes, the prosecution must file charges within one year from the date the offense was allegedly committed. If the crime is a felony, the prosecution generally has …

What Exactly is a Pre-File Investigation in a California Criminal Case?

A pre-file investigation is when a criminal defense lawyer or law firm investigates allegations of criminal conduct, on behalf of a client, before...

What are the Benefits of an Investigation?

A pre-file investigation is of great value because it can result in: A D.A. not filing charges against a suspect; or, The D.A. filing lesser charge...

When Should a Suspect Contact an Attorney to Conduct a PFI?

While every case is different, the general rule is that it is favorable to secure legal representation as early as possible in a criminal matter. I...

What Should a Suspect Consider when Hiring a Lawyer for an Investigation?

There are three important things an accused should consider when looking for an attorney or firm to conduct a pre-file investigation. These are: Ex...

Can Police Question a Suspect when Investigating a Crime?

Suspects do not have to answer questions from law enforcement personnel.

Who decides whether to press charges?

The District Attorney (D.A.) then decides whether to press charges. People who know they are under investigation should lawyer up as soon as possible. Defense attorneys conduct independent probes, which place suspects in a readier position if the D.A. prosecutes. 1

What is a pre-file investigation in Nevada?

pre-file investigation in Nevada is when police and prosecutors investigate alleged criminal activity prior to arresting the suspect. If prosecutors find probable cause that a crime occurred, they will file charges.

What happens when a suspect is arrested?

Therefore whenever a suspect is arrested, the case typically goes into screening. This is when the D.A. examines (screens) the police reports to decide whether the case is strong enough to bring criminal charges. If there is not enough evidence, the D.A. will deny the case.

What is it called when police suspect criminal activity?

When police suspect criminal activity, they investigate. This is called a pre-file. It precedes filing criminal charges.

What does it mean when a person is arrested?

In other cases, an arrest is the start of a pre-file investigation. Getting arrested does not necessarily mean that the D.A. has enough evidence to press charges. Therefore whenever a suspect is arrested, the case typically goes into screening. This is when the D.A. examines (screens) the police reports to decide whether the case is strong enough to bring criminal charges. If there is not enough evidence, the D.A. will deny the case. This means no criminal charges will be brought.

What to do if the police call you?

If the police call or knock, avoid answering. Otherwise, say you are exercising the Fifth Amendment and remain silent.

How long does the investigation stage last?

The investigation stage for serious crimes can go on for weeks or months.

What is a pre-file investigation?

A pre-file investigation is when a criminal defense lawyer or law firm investigates allegations of criminal conduct, on behalf of a client, before formal charges get filed. The term “ pre-file ” is used because the investigation takes place before the official filing of charges.

What is the hope of a defense lawyer after an investigation is completed?

Once the investigation is complete, the hope is that the defense lawyer was able to collect a sufficient amount of evidence on behalf of a suspect that shows he did not commit a criminal offense.

Why do I have to file no charges?

File no charges because a lack of supporting evidence; or, File charges of a lesser crime than initially contemplated. Examples of PFI acts include: A criminal defense firm questions motorists and witnesses before the D.A. decides to file charges of reckless driving, per Vehicle Code 23103.

What is a PFI in California?

A pre-file investigation (“PFI”) is when a California criminal defense firm investigates allegations of criminal conduct, on behalf of a client, before formal charges get filed. The goal of the investigation is to gather enough evidence to persuade the District Attorney (“D.A.”), or other prosecutor, to either: ...

What happened to Lisa in the pre-file investigation?

The firm discovers that Lisa, on three past occasions, made false accusations involving sexual assault and harassment. The firm then takes this evidence to the D.A. and shows that Lisa has a pattern of lying. The D.A. reviews the evidence and ultimately decides not to file any charges against Greg.

Why do people hire an attorney?

People typically discover that law enforcement officers are investigating them when the police try to contact them, their family, or their employer, or when a search warrant is executed on their home or business . Another benefit of hiring an attorney on a pre-file basis is that the attorney can do all the talking with the police, and the suspect never has to say anything to them.

Do suspects have to answer questions from law enforcement personnel?

Suspects do not have to answer questions from law enforcement personnel.

What is a pre-filing investigation?

A pre-filing investigation generally involves a law enforcement agency analyzing and scrutinizing the facts of your case to determine whether the police agency can recommend that prosecutors file charges against you. During this time, the police may question you or witnesses in the case, or even conduct a search of your property.

How long does it take for a prosecutor to file a case?

For most misdemeanor crimes, the prosecution must file charges within one year from the date the offense was allegedly committed.

Why do you need an attorney?

For these reasons, it is crucial that you have an experienced attorney on your side, either to convince the prosecutor to not pursue your case, or to consider lesser charges. For example, the attorney might be able to persuade the prosecutor to charge the crime as a misdemeanor rather than a felony.

How can an attorney save you money?

He or she can potentially save you hundreds of dollars by arguing for a reduction in bail. A defendant in custody on criminal charges has the right to reasonable bail. The court may allow the bail hearing to take place during the arraignment, or require the attorney to file a formal motion and notify the prosecutor of your intent to seek a bail reduction. The prosecutor will have the option to contest the reduction.

What does it mean to be arrested?

An arrest involves taking a person into custody for the purpose of holding the suspect until their case is heard in court. The police must have probable cause to arrest you, which means that the police have a reasonable belief that you committed a particular crime.

What happens if the police have not turned over their information to the prosecutor?

If the police have yet to turn over their information to the prosecutor, your attorney can present your side of the story to the police so that the police reports accurately represent the facts in your defense.

What is an allegation?

The Allegation. An allegation is simply a notice to a law enforcement agency that you have committed a criminal act. The allegation can arise from any source, be it a citizen or a police officer; or it could come from a regulatory agency, such as the Securities Exchange Commission or Drug Enforcement Agency.

What is the beginning of a criminal case?

The beginning of any criminal case is the report of an alleged crime. Unless a law enforcement officer personally witnesses this act, an investigation must usually take place for the police to obtain a warrant and bring a suspect into custody. Even in the early stages of a criminal case, while law enforcement is working to narrow down the suspect pool and focus on a single individual, a criminal defense lawyer can make a significant impact. It is far too easy for detectives and prosecutors to gather statements, confessions and evidence against you if they deal directly with you.

Do you need legal counsel when you are charged?

Many believe they do not need legal counsel until they have been arrested or charged with a crime. Some criminal attorneys even say to wait until you are charged to hire an attorney. Though every case is different, it is highly likely that forgoing legal counsel until you are charged will be detrimental to your case. After all, what if you could avoid an arrest and charges altogether? That seems like a far better option.

What happens when a charge is filed?

Once a charge is filed, the options of eliminating the case are very few. Unlike investigations, which may ultimately never produce any real traction for the state, a filed complaint is quite different. First, the complaint creates a criminal case that is largely a matter of public record. This means any number of people, including potential employers, friends, or family members, can easily find records of the accused and what charges were filed. Second, once a case has been filed it can only be ended in in four ways: by the state, by the court, by a plea deal, or by trial. Notice that the accused has no option of bringing a quick end to filed charges without winning a legal fight for dismissal.

What happens if a district attorney waits to file charges in Kansas?

The longer a district attorney waits to file charges, the more “stale” a case becomes. Witnesses disperse around the country. Some may even pass away or suffer from failing memories. This process can hurt both the prosecution and defendant. Recognizing this, Kansas has adopted a statute of limitations for nearly all crimes. These serve as time limits upon when a district attorney may file a complaint for committing a crime. After the set number of years passes, the suspect will not be subject to prosecution.

What does the district attorney do?

The county handles the prosecution of all state offenses; that is, violations of a state law. The police investigate both state offenses and municipal infractions, or violations of city ordinances. However, the district attorney will only handle state felony or misdemeanor charges (a city prosecutor will handle ordinances violations for each city). The charges generally must be brought in the county where the crime is alleged to have taken place. The district attorney will go through the investigation file to determine if there is sufficient probable cause to file a complaint. This complaint is the legal pleading that lays out which crime (s) the suspect is alleged to have committed.

How does a district attorney get an arrest warrant?

The district attorney will likely simultaneously file paperwork requesting that a judge issues an arrest warrant for the suspect. An arrest warrant is similar to a search warrant, but instead sets out a person that is to be brought into custody. A district attorney does not have the power to issue an arrest warrant by herself. Rather, only a judge can sign a warrant to make it effective. The judge will ensure that probable cause exists to suspect the individual has committed a crime. To show such probable cause, the district attorney will generally draft a written statement that outlines the evidence obtained by police during their investigation. Again, the threshold the district attorney must reach here is very low: probable cause only requires a “reasonable ground for belief of guilt,” as the Supreme Court noted in Maryland v. Pringle. With this standard in mind, most district attorneys will have little trouble establishing probable cause and succeeding in having an arrest warrant issued

What is probable cause in a criminal case?

The judge will ensure that probable cause exists to suspect the individual has committed a crime. To show such probable cause, the district attorney will generally draft a written statement that outlines the evidence obtained by police during their investigation.

How can a case be ended?

Second, once a case has been filed it can only be ended in in four ways: by the state, by the court, by a plea deal, or by trial. Notice that the accused has no option of bringing a quick end to filed charges without winning a legal fight for dismissal.

Can a grand jury file a complaint in Kansas?

Recognizing this, Section 22-2301 (2) grants the power to judges to order district attorneys to institute criminal proceedings in “extreme cases.” Kansas law also allows for a grand jury to file a complaint on its own behalf and force the district attorney to go forward with the charges. These exceptions are virtually unheard of, however. Instead, it is much more common place for district attorneys to freely choose to prosecutor nearly all alleged crimes put before them. Thus, even though in theory the state could choose to forego a prosecution, that is unlikely unless the case is extremely weak and that fact is obvious even from the investigation stage.

How long does it take for a police case to be filed?

Sometimes, they may be investigating a serious case and it could take the police weeks or months to get the paperwork to the prosecutors.

Why is a felony warrant considered a serious charge?

A felony warrant is just a more serious warrant because it’s a felony charge. Most of the time, people could potentially face prison time on these charges. The police are a lot more likely to go out and find someone who has a felony warrant because they perceive that person as more dangerous.

How does a warrant work?

Once a warrant is issued, it goes into a database that police use to track whether people have warrants and check people’s criminal records. Depending on how serious the particular case is, the police can then assign officers to try to find the person who has the warrant.

What to do if you think there is a warrant?

If you think there’s a case against you, contact an attorney. An attorney can check to see if there’s a warrant out for you. It’s probably not a good idea for you to do try to find out yourself, because if you’re going to the police or the courthouse and there is a warrant out for your arrest, you run the risk that you will be arrested.

Can prosecutors file lesser charges?

There might be another story that the prosecutors don’t have, that they can consider. If we can provide that to the prosecutors, they may choose not to file charges or to file a lesser charge.

Can a prosecutor review a case?

Other circumstances where prosecutors are reviewing cases is if they can’t find the person and now the police want a warrant issued for their arrest. They can go to the prosecutors, have the prosecutors review the case, file the case, and then the police can put a warrant into the system for that person’s arrest.

Can a criminal defense attorney prevent charges from being filed?

Can your criminal defense attorney prevent charges from being filed? Under the right circumstances, your attorney may be able to present, to the prosecutor who’s going to make the decision whether to file the case, evidence that they do not have.

What happens during a pre-filing investigation?

As is the case during a pre-filing investigation, the prosecutor (and the prosecutor alone) will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges. If so, he or she will file a formal complaint with the Court, and the prosecution commences.

What happens when a prosecutor decides there is enough evidence to proceed?

If the prosecutor determines that there is enough evidence to proceed, he or she will draft a formal complaint to file with the Court. Once these formal charges have been filed, the District Attorney’s office will do one of two things:

What to do if you are being accused of a crime?

If you are being accused of a crime, it is important for you to understand the process leading to charges being filed against you. This process can happen in one of two ways: 1. Pre-filing Investigation. An experienced Wallin & Klarich attorney may help you avoid facing any criminal charges.

How long is the statute of limitations for a felony?

For felony offenses, the statute of limitations is three years; or. With certain felony offenses, there is a longer statute of limitations. There is usually a gap between the time the police officer generates the police report and the time the prosecutor makes their filing decision. It is during this gap in time that your attorney is able ...

What happens when a police officer arrests you?

After you are arrested, the police officer will draft a police report and forward that report to the proper prosecutor’s office. As is the case during a pre-filing investigation, the prosecutor (and the prosecutor alone) will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges. If so, he or she will file a formal complaint with the Court, and the prosecution commences.

What happens if you are arrested?

If you are arrested, or think you may be arrested, any delay in retaining an attorney to defend you will put you at a significant disadvantage. Oftentimes, your attorney can have the most impact on the outcome of your case before the decision to file has been made. You should hire a skilled defense attorney right away.

How can a case be dropped?

Once charges are formally filed, the case can only be dropped by way of a dismissal or not guilty verdict as a result of a lengthy court process. This gives the prosecution more time to build a strong case against you, decreasing your chances of having your case dismissed. If you are arrested, or think you may be arrested, any delay in retaining an attorney to defend you will put you at a significant disadvantage. Oftentimes, your attorney can have the most impact on the outcome of your case before the decision to file has been made. You should hire a skilled defense attorney right away.

4 attorney answers

I agree with the lawyers assessment of the filing of criminal charges. Unfortunately, from time to time, the State and Federal government decide to not file charges, even when they possess the evidence. If these a delay, you possibly could have an argument that the delay has impaired your ability to have a fair trial More

David B. Carter Jr

Charges can always be filed as long as it is within the statute of limitations. However, as a practical matter they try to file them as quickly as they can so evidence is not lost, witnesses are still around, and memories do not fade.

Jared Clayton Austin

Generally speaking the Statute of Limitations on a criminal case is six (6) years. Thus, the police generally speaking have a six year window to complete an investigation and have criminal charges forwarded on an individual by the Prosecutor's Office. Some of the more major crimes have longer Statute of Limitations timeframes...

How to press charges for assault?

How To Press Charges For An Assault. When you have made the decision to file charges after an assault, you need to visit your local police department. For whatever reason, if you are not physically able to visit the police station , you may call them over the phone. All you have to do to kickstart the process is express that you want ...

How long does it take to report an assault?

The amount of time you have to press charges for an assault depends on your state’s statute of limitations, which typically ranges from a couple of years to six years. However, it is always advisable to report the crime regardless of how long it has been. The sooner you press charges for the assault, the better the investigation will be.

Why do people file assault charges?

When an assault happens, some people are afraid to file charges on their assailants for fear of retribution. However, when filing assault charges, people may also seek to obtain orders of protection from the court as well, which are, essentially, r estraining orders that if violated will result in the arrest of the assailant. Such orders require that the assailant not come within so many feet of the victim or any location where the victim is believed to be.

What is the difference between assault and battery?

By definition, an assault occurs when one person commits actions that put another person in a situation where he or she can reasonably fear that he or she will be physically harmed. Battery, on the other hand, is when the aggressor physically harms someone. Both assault and battery can be classified as civil or criminal.

What is assault charge?

Types of Assault Charges. When it comes to pressing charges, many people will use the term assault to describe what happens when an aggressor harms a victim. However, there are many different terms that are used when describing these crimes. A lot of times you will hear the terms “assault” and “battery” used interchangeably.

What is the punishment for assault and battery?

Both assault and battery are criminal acts and are punishable by court. The most common punishments for assault and battery are jail time and fines.

What is the importance of knowing the terms and consequences of assault?

Whether you are the victim of an assault, or you’ve found yourself being the aggressor (or assailant) in a physical altercation, knowing the terms and consequences is important so you can properly protect yourself. Let’s dive into the types of assault charges you can file.