It is essential to understand the criminal process, especially if you are facing criminal charges in California. You should speak to a reliable criminal defense attorney if you have been accused of a crime but have not yet been charged. A criminal defense firm conducts a pre-file investigation commonly abbreviated as PFI on behalf of a client before the prosecutor files formal charges against him or her. The pre-file investigation aims to persuade the prosecutor or the district attorney not to file charges against the suspect because of a lack of supporting evidence. A PFI could also be conducted to persuade the D.A. or the prosecutor to file charges for a lesser crime than what the prosecutor initially intended to do.

If you face reckless driving charges under the California VC 23103, your criminal defense law firm may conduct a PFI by interrogating witnesses and other motorists before the prosecutor files charges. Before the state decides to file murder charges against you, your criminal defense attorney may involve a DNA expert to investigate the case. If the prosecutor accuses you of rape or any other crime, the criminal defense attorney may conduct a PFI to determine whether the prosecutor has a history of lying.

Every criminal case is unique. However, it is imperative for a suspect to hire a criminal defense attorney to conduct a pre-file investigation. It is advisable to contact an attorney early to give him or her ample time to perform the PFI investigation. A suspect should not just choose any attorney to conduct the PFI investigation. Some of the factors that a suspect should consider are:

  • The experience of the lawyer
  • The investigative resources at the attorney’s disposal
  • The attorney’s connections with the prosecutor and the law enforcement officers

Understanding a Pre-file Investigation under California Law

During a pre-file investigation, your criminal defense attorney or law firm investigates the allegations of your criminal conduct. The term pre-file means that the investigation occurs before the prosecutor files formal charges against you. Some of the activities that an attorney may engage in during a pre-file investigation include:

  • Interviewing the witnesses that the police might have interrogated
  • Identifying additional witnesses to question
  • Gathering some additional evidence
  • Searching the relevant background records
  • Gathering background information on the accuser to use the information to cast doubts on his or her credibility
  • Consulting relevant experts

The objective of the investigation is to ensure that by the time the attorney completes the investigation, he or she will have gathered enough evidence to show that you did not commit the crime.

After completing the pre-file investigation, your criminal defense lawyer then meets with the prosecutor to present the evidence and discuss your case's merits. After meeting with your criminal defense attorney, your attorney may:

  • Continue to file charges against you.
  • Decide not to file charges against you and end the investigation
  • Request the police to conduct a further investigation of the case

While deciding whether to file certain charges against an accused person, the prosecutor mainly relies on the evidence presented by the police. Often, police reports give limited and biased information regarding what happened in a criminal case. During a pre-file investigation, your attorney tries to find information and facts that the police could have ignored or overlooked. An attorney will investigate the case to find weaknesses in the report submitted by the police to the prosecutor. The attorney will dig deep and ensure that the district attorney has the full story of what happened.

Advantages of a Pre-file Investigation

What are some of the benefits of a pre-file investigation? The investigation may result in the D.A. not filing charges against you or filing lesser charges than initially planned. For example, a person may accuse you of sexual battery under PC 243.4. You decide to hire a criminal defense attorney to conduct a pre-file investigation before the prosecutor files charges against you. During the investigation, the attorney discovers that the accuser has made false allegations involving sexual harassment. The attorney takes this evidence to the prosecutor to show that the accuser has a pattern of lying. After reviewing the evidence presented by your attorney, the prosecutor decides not to file charges. In the issue of filing lesser charges, the attorney may persuade the prosecutor to charge the crime as a misdemeanor instead of a felony if the crime in question is a wobbler. A prosecutor could also reduce your charges to an attempted crime instead of charging you with the actual crime.

When to Contact an Attorney to Conduct a Pre-file Investigation

When should you contact an attorney to conduct a pre-file investigation? It is always advisable to seek legal representation as soon as possible when facing criminal charges. The same case applies while conducting a pre-file investigation – you should start the process as soon as possible. Why is it essential to conduct a pre-file investigation early?

  • The events will be fresh in the involved people's minds, including the witness.
  • Witnesses are more likely to be available for an interview and questioning
  • Soon after the accusation, the evidence will be intact and will not have been tampered with

Most suspects do not understand the importance of pre-file investigations and often wonder whether the investigation is necessary. Indeed, the prosecutor may not file charges against you even if you do not have the pre-file investigation conducted. However, the chances of having the prosecutor dismiss the charges against you or reduce your charges are greater when a pre-file investigation is conducted. Given the many benefits that could result from a pre-file investigation, you should never underestimate its importance. After performing the investigation, an attorney may find out that:

  • The police did not have probable cause to stop your vehicle
  • The police did not read your Miranda rights to you
  • The accuser has a history of filing false claims
  • The officer involved has a history of engaging in police misconduct

All the outlined findings will benefit you if you are accused of a crime. Discovering evidence takes time. Therefore, starting the pre-file investigation early ensures that you and your attorney have ample time.

What You should look for While Hiring an Attorney for a Pre-file Investigation

There are numerous criminal defense attorneys in Los Angeles that you can hire to conduct the pre-file investigation. With so many attorneys to choose from, how should you pick the right attorney? You should consider the:

  • Attorney’s experience
  • Investigative resources
  • Connections with prosecutors and the police

It is always better to work with an attorney or a law firm experienced in performing PFI investigations than working with an attorney with little to no experience. An experienced attorney has probably conducted numerous pre-file investigations and understands the process. If an attorney has used pre-file investigations to beat charges in the past, they are better placed to fight for you. The quality of the pre-file investigation will be better if an attorney has enough investigative resources at his or her disposal. If an attorney has enough resources, it means that he or she has the proper avenue to gather evidence. With enough resources, an attorney will have a better chance of discovering evidence that could benefit the suspect.

A significant advantage of a pre-file investigation is that it could lead to dismissal or reduction of criminal charges. However, your attorney must persuade and negotiate with the law enforcement officers and the prosecutors to have the charges reduced or dismissed. It will work to your advantage if you hire an attorney who has a good relationship with the police and the prosecutors. Go for an attorney who has good connections with this personnel. It will increase the likelihood of the prosecutor to consider your side of the story.

Can the Police Question You during a Pre–file Investigation?

You might be wondering whether the police can question the suspect during a pre-file investigation. You don’t have to provide answers to the questions that the police pose to you. Instead, you can request the police to conduct their investigations regarding the wrongdoing. Under the Fifth Amendment to the U.S. constitution, you have a right against self-incrimination. You also have a right to remain silent. Therefore, you do not have to answer any question the police pose to you. If you choose to stay silent, the police cannot use it against you in court.

The Criminal Process in Los Angeles

After an arrest for a crime in Los Angeles, you will go through the criminal process:

The Arrest

This is the first stage in the criminal process. An arrest occurs when the prosecutor decides to press charges. The court may issue a warrant for your arrest. An arrest involves taking the accused person into custody with the intent of holding the suspect until the case is heard in court. Before arresting a suspect, the law requires the police to have probable cause. A probable cause is a reasonable belief that the suspect committed a crime. After an arrest, the first court appearance occurs during the arraignment.

Arraignment

Under California law, arraignment is the first opportunity for the suspect to enter a plea in his or her case. The three pleas that a suspect may enter during the arraignment are:

  • Not guilty
  • Guilty
  • No contest, also known as nolo contendere

If you enter a no–contest or a guilty plea, you will proceed to the sentencing hearing directly. If you enter a not guilty plea, which is more common at this stage, the judge handling your case addresses the issue of bail.

Bail Bond Process

Bail is an amount of money posted with the court to ensure that the defendant will appear in court later. The bail amount is set according to the local bail schedule. With the help of an attorney, the defendant can request the judge to reduce the scheduled bail amount. In Los Angeles County, most arrestees are released without posting bail unless the person has committed a serious or violent felony offense. Effective 2021, a person cannot be incarcerated just because they cannot afford the bail amount. For a person to remain in detention, there should be ample evidence indicating that the person is a risk to public safety.

Bail Hearing

During the bail hearing, the defendant, together with his or her attorney, will have a chance to present the mitigating factors indicating why the judge should eliminate or reduce the bail amount. The judge considers several factors when deciding whether to raise, lower, or eliminate the bail amount. Some of the factors that the judge considers are:

  • The defendant’s criminal history
  • The facts of the case
  • The seriousness of the crime
  • The defendant’s community ties
  • Public safety
  • The defendant’s likelihood to return to court

Own Recognizance Release

The judge may agree to waive bail and release the defendant on their own recognizance as long as they have not been charged with a capital offense. A capital offense refers to a crime that is punishable by death. The judge will grant you an O.R. release unless the release compromises public safety. The judge may also deny you the own recognizance release if he or she is not assured that you will appear in court at the stipulated time.

The Pretrial Process

The defendant enters the pretrial process after entering a not guilty plea and after resolution of the issue of bail. The majority of cases are resolved during the pretrial process. The term pretrial encompasses all the proceedings that occur before trial, which are:

  • Court appearance
  • Relevant motions
  • Exchange of relevant evidence, also known as discovery issues
  • Negotiations and plea bargains

Preliminary Hearing for Felony Cases

You are subject to a preliminary hearing if you have committed a felony offense. The purpose of the preliminary hearing is to ensure that the defendant is not being required to answer for an offense for which there is no sufficient evidence. During the preliminary hearing, the judge considers whether there is probable cause indicating that the defendant committed the alleged crime. If the judge is convinced that the defendant committed the crime, he or she will transfer the defendant to the trial court for further proceedings.

Filing Motions

Your criminal defense attorney can help you file a motion to set aside the information if you feel that the judge held you incorrectly to file the charges. The motion to set aside information outlined by California P.C. 995PC requests the judge dismiss one or several cases against the defendant. If the trial judge believes that the preliminary hearing judge was incorrect in finding the probable cause, the judge may grant the 995 motion.

A Pitchess motion is also a popular motion in the criminal process. This motion seeks to request access to the information contained in the officer’s personnel file. This information might reveal that the officer has a history of bias, excessive force, or other types of police misconduct. If the judge grants the motion and it's evident that the arresting officer has a history of engaging in police misconduct, the court may dismiss or reduce one or several charges against you.

Your attorney may also help you to file a motion to suppress evidence. California PC 1538.5 outlines this motion. It comes in handy if it is evident that the police violated your Fourth Amendment rights, including subjecting you to an unlawful search or seizure. This motion requests the judge to exclude any illegally acquired evidence from your case. If the judge grants the Pitchess motion, it could lead to a reduction or a dismissal of the criminal charges against you.

The Jury Trial

If your case does not resolve during the pretrial proceedings, it progresses into the trial phase. There are two types of trials: jury trials and bench trials. Also known as court trials, bench trials occur when the judge serves as both the judge and the jury. A jury trial has 12 members of the community who are selected to hear the evidence against you and your defense to decide whether you are guilty or not guilty. You are entitled to a jury trial if you face felony or misdemeanor charges in California.

Motion for a New Trial

A defendant may file a motion for a new trial if he or she feels that the following factors tainted the trial:

  • Prosecutorial misconduct
  • Jury misconduct
  • An error by the court
  • Inadequate evidence
  • The trial record or transcript has been destroyed or lost
  • Existence of new evidence

If the factors outlined above are present, you may be entitled to a new trial. The motion for a new trial must be filed before the judge pronounces the judgment. If the judge grants this motion, you will be entitled to a new trial, as if the first trial did not occur.

Sentence Hearing

After a conviction, you have a right to a sentencing hearing. During the sentencing hearing, both parties get an opportunity to explain to the judge what each party feels is the proper sentence. The defense presents mitigating factors to justify lenient sentencing. The prosecution presents aggravating factors to justify why the defendant deserves harsher penalties. This explains why it is crucial to have a skilled attorney to represent you throughout the criminal process.

Find a Los Angeles Criminal Lawyer Near Me

If you or your loved one is a suspect for a crime and you are interested in a pre-file investigation, you should contact the Los Angeles Criminal Attorney for reliable legal counsel. Contact us at 424-333-0943 and speak to one of our attorneys.