Being implicated in a crime can be confusing, intimidating and scary, and you may find that you’re not sure how to proceed. If you have been arrested but the police release you from their custody following questioning rather than taking you to jail, your worries are unfortunately not over. Upon release you are considered to be in the investigation, or “precharge,” state of a criminal case, which means you may be charged with criminal conduct, but there is still a chance to avoid those charges. At this juncture, it is crucial to hire a skilled criminal defense attorney with experience handling precharge criminal felony and misdemeanor cases.
An aggressive lawyer who knows what they are doing can help you avoid charges preemptively, which is preferable to being charged and then having the charges dismissed. In the first case, no charges appear on your record, but in the second, you will have the burden of carrying charges on your record that you will have to explain for years to come. Additionally, some charges result in you being taken into custody immediately and considered “non-bondable,” leaving you to sit in jail for a year or more, waiting for your case to be resolved.
With many of it’s lawyers having served as prosecutors, DM Cantor is a law firm with unique insights into the criminal justice system. This knowledge can assist you in fighting precharge criminal misdemeanor cases and precharge criminal felony cases. Typically, a criminal defense attorney from the firm will contact the Detectives or law enforcement Officers involved in your case to establish rapport that can lead to reduced or dropped charges. DM Cantor can also request that a Summons is served directly to the firm rather than sending it to you or issuing a Bench Warrant for your arrest. If such a warrant is issued, we will take you to court with a Motion to Quash Bench Warrant and enter a Not Guilty plea.
Our firm can also attempt to secure your police report during the investigation for a thorough review and to interview eye witnesses named in the report. Although Arizona police are not supposed to provide police reports for ongoing investigations, our request may result in an administrative error in your favor.
Working with you during the precharge state also allows us to hire a private detective to look into your case, have you take a lie detector test, and arrange for other tests that will help you fight your charges.
If the potential charges stem from damage to property, loss of money, or certain other situations, we can also contact the alleged victim to work out a civil settlement. In that case, we will have the alleged victim sign a release noting their full satisfaction and intent to drop charges. While this does not guarantee the prosecutor will drop your charges, it can be very influential.
If your potential charges are felony charges, we can take action by compiling information about your case and sending a letter to the prosecutor to explain why you should not be charged. We can also request that you are allowed to be present for a Grand Jury proceeding, which sometimes prompts prosecutors to drop charges. If such a proceeding is held without notice given to us, that is considered a faulty Grand Jury proceeding and we can have your charges dropped if charges arise after the hearing. Sometimes, prosecutors do not go through such a proceeding but instead issue a Direct Complaint. In those cases, our firm will request that a Summons be served to the firm to avoid potential embarrassment to you.
The precharge stage is a crucial time to have skilled representation. All of the lawyers at DM Cantor are listed in the Bar Register of Preeminent Lawyers®, and the firm has been given the highest Martindale Hubbell® rating of AV®. Additionally, David Michael Cantor is a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. To arrange a free, no-obligation consultation, contact us via our secure, confidential online form or call the firm anytime at 602-737-2812.