It is intimidating, frightening and confusing being implicated in a crime in Arizona, just as it is anywhere else in the country. You are likely unsure of how to proceed in your new case. Even if you have been questioned without being put in jail, then released, your problems are far from over.
When you are released from custody after questioning, you are still considered to be part of the active investigation. This is the pre-charge phase of a criminal case, when charges of criminal conduct may be pending. But as long as the charges have not yet been filed, you still have a chance to avoid them and can remove yourself from the investigation with the help of a skilled criminal defense attorney with experience in handling pre-charge criminal felonies and misdemeanors.
It is important to have an aggressive lawyer on your side, one that is highly familiar and experienced in Arizona criminal defense pre-charge cases. You want them to be able to help you avoid charges preemptively, before you are actively charged. By handling the case before charges are filed, attorneys can more easily help you than if you wait until filing and your lawyers must fight to have the charges dismissed.
Another reason to engage an attorney in the pre-charge phase is that your lawyer can ensure no charges appear on your criminal record. If you do not get help until later, you will have visible charges listed on your record that you may have to explain to future employers, rental companies, and others conducting background checks as part of everyday life.
Finally, some charges may result in you being taken to jail right away. You can be detained without bail, being considered “non-bondable.” This can mean you will end up in jail for a year or longer while you wait for the charges to be resolved.
DM Cantor is a highly experienced law firm with insight into the criminal justice system. Many of the lawyers of the firm have served as prosecutors, so they are aware of how both sides of criminal cases think and operate. With such background and knowledge on your side, your defense is stronger against pre-charge misdemeanors and pre-charge criminal felonies.
Criminal defense attorneys start by contacting the law enforcement personnel involved in your pre-charge case. Your lawyers develop a rapport with these officers to improve the possibility of reduced or dropped charges. Your attorney can ask that the Summons is provided directly to the law firm, instead of sending the summons to you or issuing a bench warrant for your arrest. If an arrest warrant is issued, your lawyer will accompany you to court with a Motion to Quash Bench Warrant. There, you will be able to enter a not guilty plea.
The law firm will also try to secure a copy of your police report. This will be done during the investigation to thoroughly review the document and interview witnesses listed in the police report. By law, Arizona police are not supposed to provide this documentation while the investigation is ongoing. But the request can certainly be made and administrative error can happen, to your favor.
Private detective services may also be retained to look into the specifics of your case, when you gain the help of a lawyer in the pre-charge phase. You may undergo a lie detector test or other tests that can help you defend yourself in court.
When charges are expected that relate to property damage, loss of money or similar situations, the law firm can speak with the alleged victim toward a civil settlement. A civil settlement can motivate the victim to drop charges with a signed release noting that their issue has been fully satisfied. The prosecutor may still pursue charges but such actions can greatly influence their decision.
For felony charges, the criminal defense law firm can compile details of your case and provide a written communication to the prosecutor explaining why the charges should not be filed. Your presence during a Grand Jury proceeding can also be requested, which will often cause prosecutors to drop charges. If a Grand Jury convenes without notice provided to the law firm, that is considered a faulty proceeding. Such instances can lead to dropped charges if the hearing results in charges against you.
When prosecutors issue a Direct Complaint, the law firm will request Summons be served at the law office to ensure you are not publicly embarrassed.
It is critical that you have pre-charge representation by a skilled criminal defense lawyer. To arrange a free, no-obligation consultation, contact us via our secure, confidential online form or call DM Cantor any time, 24/7 at 602-307-0808.
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