Pre-File Investigation in a Criminal Case
In the State of Florida, police officers arrest individuals based up on probable cause. Following an arrest, the person is taking to the County Jail and then hopefully released with certain conditions, such as a requirement that the person appear in Court.
As a defense lawyer, the time following an arrest is often the most critical time in a case. The arrest file or paperwork will make its way to the State Attorney's Office for a filing decision. In non-captial cases in Florida, the prosecutor or state attorney will make a decision on what, if any, charges to file. They will assess the facts of the case and determine the strengths and weaknesses.
Ethically, the state attorney should not file an 'information' unless they believe the case can be proven beyond a reasonable doubt. The 'information' is the charging document - the document that lists the charges against the defendant. Because the state attorney has vast discretion on whether to file the charges or dismiss the charges, the 30 or 45 days prior to the defendant's arraignment is a critical stage for a defense lawyer to contact the state attorney and explain why charges shoudl not be filed.
Hiring a lawyer should occur as close to the arrest as possible so the lawyer can exhaust all options to convince the prosecutor to not file charges on the case. At the law firm of Finebloom and Haenel, we immediately get a head start on the case- we use private investigators to dig up evidence, obtain 911 tapes, and recover potentially valuable tangible evidence. Our private investigators are retired law enforcement officers who know how to obtain evidence and interview witnesses.
In certain cases involving witnesses or victims, it is crucial to speak to these people quickly, while the case is fresh in their mind and before the state attorney files charges. In most jurisdictions like Sarasota, Polk, Manatee, Pinellas and Hillsborough counties, the state attorney will normally have to draft a 'decline memo' if the case is dropped after it has already been filed. That is why it is better to get fighting on the case early so that the prosecutor knows we mean business.
Contact an experienced attorney at 1-800-FIGHT-IT to discuss any particular facts of your case
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