Criminal Law Pre-Filing Decision: Act Fast or Miss Your Opportunity

If you are arrested for a crime, it is just that, an arrest. This doesn’t mean you have been convicted of a crime.

It does mean that the officer who has arrested you believes there is probable cause to accuse and arrest you for the charge you are now facing. While this doesn’t mean that this is an insignificant event, an arrest is the beginning of the criminal process. At this time, you have an opportunity and to meet criminal law requirements, you have to act fast to take advantage of it.

In Criminal Law Cases, Time is of the Essence

After you are arrested, you need to understand that time is of the essence. A trial will take a certain amount of time for speedy trials (in general) depending on the charges being faced:

• Misdemeanors: 90 days
• Felonies: 175 days

In the following weeks after an accident, the prosecuting attorney is going to evaluate the circumstances, facts and evidence related to the case to figure out what the formal charge is or is going to be. The prosecutor will have quite a bit of discretion to file or not file a formal charge at this time. If the charge is not filed prior to the time periods mentioned above, then the case will be dismissed.

Due to the time constraints of a speedy trial, a prosecutor may file something before the trial runs. When this happens, it is often in the best interest of the person facing the charges to waive the speedy trial before the case has been filed. This provides more time for the prosecuting attorney to speak with witnesses and to review evidence before rushing a filing decision.

Take a Proactive Stance when Facing Criminal Law Issues

When you are facing criminal charges, the best thing you can do for yourself is to hire an attorney. They will be able to speak with the prosecutor and provide information regarding the case in the form of witnesses, documents, or even affidavits and more. This information is able to be used to determine if formal criminal charges should be filed against you, or if a lesser charge is the right option.

Now is the time to get in the “ear” of the prosecutor, and this is something your attorney can do. They can bring up things such as:

• Whether this is your first brush with the law and if you are remorseful for the actions.
• Whether the victim wants to prosecute the case.
• Is the evidence sufficient to gain a conviction?
• Are there any conflicting statements regarding what really happened?

You should not roll the dice and hope that your case just falls through the cracks – they won’t, and you will have to “face the music” at some point or another. In fact, a quality attorney is going to help you know whether or not your situation qualifies for some type of pre-trial diversion, which may help you avoid going to court at all.

The key is to hire a criminal law attorney as early in the process as possible. They will be able to help you with your case and may even help you avoid serious consequences, such as jail time.

If you find yourself in a situation where you are facing criminal charges, then the best thing you can do is contact the criminal law attorneys at Hardesty, Tyde, Green, Ashton & Clifton, P.A. by calling 904-414-4906.

Additional reading:

White Collar Crimes: Understanding Federal Fraud Charges
You are Facing Criminal Charges, Now What?