The Importance of Pre-Charge Representation

A person is typically arrested based on law enforcement officers’ subjective judgment and investigation. This does not always lead to formal charges being filed. To formally charge someone with a crime, the arresting officer will usually need to:

​

• Prepare and file a written report providing details about the alleged incident

• State an official reason (probable cause) for making the arrest

• Provide evidence (sworn affidavits) of wrongdoing to the prosecutor’s office 

 

The prosecuting attorney, in turn, will exercise prosecutorial discretion to decide whether to proceed with the case. This decision is typically based on whether the prosecuting attorneys believe they can prove the Defendant is guilty of the alleged offense. If the prosecutor is convinced enough evidence exists, the prosecutor will file a formal criminal charge. If the charge is later proved in court beyond a reasonable doubt, this will result in a finding of guilt. A conviction results when a court imposes a sentence after a finding of guilt.

​

When to Consult a Criminal Defense Attorney

​

Police or prosecutors rarely announce the existence of a criminal investigation or its scope. In individual may be alerted to the existence of an investigation when they are visited by police officers, detectives, or federal agents. Sometimes the first indication of a criminal investigation is a receipt of a grand jury subpoena or even execution of a search warrant. Whatever the source, a potential subject of a criminal investigation needs legal assistance at the earliest possible moment to protect against potential missteps and to gather evidence which may be used to persuade a prosecutor not to bring criminal charges or to fight any charges which may ultimately be filed.

 

The gap between the alleged commission of a crime and the filing of criminal charges provides a critical window of opportunity for defense counsel to try to persuade the authorities not to bring charges or, failing that, to reduce the scope and severity of potential charges. This window of opportunity should not be wasted. Critical decisions must be made quickly about what information, if any, to share with police and prosecutors in an effort to influence their charging decisions. Those decisions involve careful weighing of risks, benefits, and the client’s objectives. The approach of doing nothing in the hope that the investigators will give up or move on to other potential targets is rarely the best course of action. 

 

The tactic of communicating with law enforcement without counsel in the hope of convincing them not to bring charges is generally even worse. An experienced criminal defense attorney will learn as much about the investigation as possible, evaluate potential responses, and advise the client whether and how to respond to a request for an interview by law enforcement.  While every case is unique, Ruvinskiy Law Firm has frequently succeeded in persuading police or prosecutors not to charge our clients with a crime. Those criminal cases which were never brought against our clients represent some of our best and most important legal work.

​

If you have reason to believe that you, a family member, or someone you are acquainted with is the subject of a criminal investigation, please contact Ruvinskiy Law Firm for a free initial consultation.

​

​

​

​