Pre-Filing Services

If you’re arrested and taken into custody, the need for a criminal defense attorney is obvious. The attorney can help you get out of jail, advise you of what comes next, and help you prepare a sound defense.

But what if, after your arrest, you were instead released in exchange for your promise to appear in court at a later date? If you’re not in jail, do you still need an attorney.

Consider this. After your arrest, prosecutors generally have up to one year to decide whether to file misdemeanor charges against you.[i] If prosecutors feel that the evidence of your guilt at the time of your arrest isn’t strong enough to secure a conviction, they can have police investigate your case further. Some of that follow-up investigation may include re-interviewing witnesses—including you.

Prosecutors and law enforcement have even longer to build a case against you if they suspect that you committed a felony. Prosecutors have up to three years to decide whether to file felony charges[ii] and longer than that if the crime is classified as a more egregious felony[iii]. Their investigation may lead them to subpoena records containing your private or personal information. Or investigators may wish to speak with your friends and colleagues in an effort to find evidence that suggests that you committed wrongdoing.

You could face all of this follow-up investigation on your own, but you do so at your own risk. People are understandably nervous when speaking with police or investigators from the District Attorney’s Office. But you should know that when you speak with law enforcement – even if you’re just trying to tell them your side of the story – you may inadvertently help them build their case against you.

A criminal defense attorney can serve as your bulwark against a criminal investigation. The attorney can address law enforcement inquiries on your behalf, follow up with the District Attorney’s Office regarding the status of your case, appear at your initial court appearance if you were released on citation, and help you resolve an outstanding arrest warrant if authorities do decide to prosecute you.

Most importantly, a criminal defense attorney can grant you peace of mind. By retaining an attorney, you will know that, amid the inquiries and allegations, you will have a professional who will hear you, stay by your side, and help you see your matter through.