KILLHAM LAW

Can An Attorney Intervene And Prevent Charges From Being Filed?


An experienced attorney who has a good rapport with supervisors and bureau chiefs at the county attorney’s office may be able to prevent charges from getting filed, but usually, all potential cases go to the charging bureau. It is often easier to get a charge dismissed than preventing it from getting filed at all. The County Attorney’s office will be more likely to listen to evidence that there was not really any crime after they have a police report to see.

If A Warrant Is Issued Will Having An Attorney Enable Me To Turn Myself In?

Yes, often the attorney can contact the court that has issued the warrant, and tell them that they will be bringing you to court to turn yourself in. This can save you having to go through the terrible situation of being arrested when you don’t expect it. Also, it prevents the embarrassment of being arrested in front of loved ones or nosy neighbors. The attorney can appear with you in court and get the warrant “quashed” or taken away. Once the warrant has been quashed, you will be given a new court date that you can show up to without being arrested.

How Can Having An Attorney Prior To Bond Be Helpful For A Defendant?

When a court knows that you have hired an attorney, they know that you are serious about your defense. You are much less of a flight risk if you have an attorney, the attorney can explain to the court that you have been in touch with them on a consistent basis and that you have many local contacts that will keep you in the area. The purpose of a bond is to ensure that you appear in court. Hiring an attorney gives the court more assurance that you are not going to flee the jurisdiction.

How Will Having An Attorney At A First Hearing Help The Defendant?

One of the biggest advantages of having an attorney at your initial appearance is that you can be in and out of court in a very short amount of time, rather than sitting literally all day, just waiting and waiting. Private attorneys are called first at initial appearances, and this can save you literally hours of wasted time. Also, your attorney can waive the reading of the information, so that the whole courtroom does not have to know what you have been charged with. If you have an experienced attorney with you, you do not have to worry about where to go or what to do. You don’t have to worry about saying or doing the wrong thing, you can relax and let your attorney handle everything for you.

Should I Hire An Attorney Beforehand No Matter The Type Of Case I Am Involved In?

There are some situations where you may be able to handle things without an attorney, like traffic tickets. Sometimes you can get into a program called TASC for a first offense drug charge without the aid of an attorney. However, if there is any chance of incarceration for your offense, you should definitely contact a lawyer. You can always find out if the type of charge you are facing has a mandatory jail sentence, or if you could be facing serious prison time. If incarceration is possible, don’t try to go it alone.

Does Invoking The Right To An Attorney Make A Suspect Look Guilty?

Police officers are counting on people having the perception that if they invoke their right to counsel, it will make them look guilty. This is not true, asking for an attorney is the smartest thing you can possibly do if you are being questioned as a suspect in an investigation. Also, if your case does proceed to trial, the jury will not know that you invoked your right to counsel, because the state is forbidden to comment about that. Once you ask for an attorney, the police are not allowed to question you anymore. If they do, what you say can be suppressed, and the entire case may get dismissed. One of the most common reasons cases get dismissed is because the police have prevented the arrested person from contacting an attorney.

For more information on Preventing Criminal Charges From Being Filed, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (623) 428-8203 today.

Call For A Free Consultation
(623) 428-8203

Related Articles