Preemptive Representation

Pre-File Representation

Did you know that even after an arrest is made prosecutors have a great deal of discretion to “reject” a case if they believe there is insufficient evidence to support criminal charges or if exonerating information is discovered before charges are filed?

The review process the government uses to determine what charges to file often occurs during the brief window of time when law enforcement passes the case off to the prosecutor’s office. Following a misdemeanor arrest or a felony arrest, police officers, and law enforcement officers generally, do not have the authority to decide what charges will actually be filed; this decision is made by an attorney in the prosecutor’s office. In many cases, the criminal violations for which a person is arrested are not the actual charges he or she will face at the arraignment. In fact, an arrest is often made and no charges are filed at all.

Preemptive representation while a case is under review by the prosecutor’s office can make a big difference in the eventual outcome of a case. Under the right circumstances, our office can contact the prosecutor in advance of the arraignment and provide exonerating or mitigating information that may cause a case to be rejected or favorably influence the type and severity of any charges that are issued.

Gathering favorable evidence is a critical component of representation in this phase of a case. A private investigator is often necessary even before charges are filed to ensure favorable evidence is collected and properly preserved. Our office works with the most experienced investigators in the business, some of whom have even previously been employed as police detectives and as investigators for the prosecutor’s office.

It is critical that this stage of the criminal case be handled properly. The Law Office of Jay Temple has a successful track-record representing clients before charges are filed. Contact us to discuss whether Preemptive Representation is possible in your case – Contact Us Today


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