How a Criminal Defense Attorney Can Fight to Prevent Charges from Being Filed

by Michael Eugene Zmijewski on Aug. 01, 2019

Criminal Criminal  Felony Criminal  Misdemeanor 

Summary: If you have been arrested for a criminal offense, speaking with a criminal defense attorney before charges are formally filed can be beneficial. Having your criminal attorney speak with the Prosecuting Attorney before charges are filed can sometimes result in charges being reduced or possibly even dismissed.

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 potential client, I like to gather as much information as possible, including witnesses and alibi witnesses who may help dispel the charges early on.  Over the years my office has had much success in discussing cases with the Prosecutor early on that has resulted in the State filing a No Information.

If you have been charged with a criminal offense, it is important to remember that time is of the essence.  An experienced Orlando Criminal Defense Attorney may be the difference of whether charges are ever filed against you. 

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