Pre-Filing Intervention with Law Enforcement and the Prosecutor's Office
The only information the police and the prosecutors have about someone accused of a criminal offense is the information in a police report, which is typically unflattering. There may also be photographs of injuries, hysterical calls from alleged victims to 911, and records allegedly showing fraud or theft.
Our Pre-Eminent law firm understands that police reports are typically one-sided. Once police officers make up their mind about what happened, they look for evidence to support their conclusion frequently ignoring or not following up on evidence that may help a person accused of a crime. For example, in a domestic violence case, the detective in the assault unit usually follows up by contacting the alleged victim, to confirm whether the statements obtained by the responding officers were accurate and thorough. However, the detective frequently does not contact the neighbors to see if what they saw or heard is inconsistent with the allegations.
Our firm partners, who are former Los Angeles prosecutors, understand how detectives build their case against the accused and the steps they must take to get criminal charges filed in criminal court. We know that the most propitious time for a defense lawyer to make a dramatic impact in a Pre-Filing Intervention, at the time that they bring the police reports over to the prosecutor's office for “Filing” of criminal charges. This is when a prosecutor reviews the documents to determine whether criminal charges are warranted. The prosecutor has the option of rejecting the case for criminal prosecution, filing a misdemeanor, or filing a felony charge. We are specialists in negotiating alternative sentencing, expungement and sealing, extradition, probation violation, suppression of illegal evidence and warrant recalls.
At the time of “Filing,” our criminal defense attorneys work aggressively to present information about our client's past, family, personal accomplishments – to humanize the accused to the prosecutor. After all, a person's character is not defined by what happens in a few second or a few minutes, but rather over a lifetime. We let the prosecutors know who our client truly is before criminal charges are pursued in court.
We will also thoroughly investigate the allegations before the case even reaches the courtroom. Our law firm has an accomplished private investigator on staff, with over 30 years of experience. The investigator immediately interviews defense witnesses, takes photographs, and documents the crime scene. Frequently we find evidence that the police do not know about!
When exculpatory evidence is available, our law firm presents this information to the prosecutor to prevent criminal charges from ever being filed. In hundreds of cases, our criminal defense attorneys have convinced the prosecution to reject filing criminal charges for many reasons including insufficient proof, interests of justice, or a non-desirous victim. Our early intervention has made a difference in serious criminal cases involving allegations of Violent Crimes, Sex Crimes, Theft and Fraud, and Drug Offenses.
If a case is not criminally prosecuted, California law allows the client to report on job and licensing application that he or she has never been arrested. The rejection of criminal charges in court saves the client's future, livelihood, and reputation in the community.
Eisner & Gorin, LLP, has offices throughout the San Fernando Valley and in Los Angeles including Van Nuys, Burbank, Santa Clarita, Pasadena, and Glendale. Our criminal defense attorneys are available seven days per week for an immediate consultation.