Pre-Filing of Criminal Charges

In Florida, the process of pre-filing of criminal charges refers to the stage where the police, the victim, or the state’s attorney gather evidence and decide whether to file formal charges against a person for a criminal offense. The stage takes place before the actual filing of charges in court and is an important step in the criminal justice system. In some cases, the pre-filing stage can be critical in determining the case's outcome. For example, if the evidence gathered by police and the state’s attorney is not strong enough, they may decide not to file formal charges; this can save the defendant from having to go through the stress and expense of a criminal trial. If there are charges against you in the pre-filing phase, it is important to contact a criminal defense attorney to begin their own investigation into the charges looming. The attorneys at Hanlon Law are familiar with what occurs during the pre-filing of criminal charges and guide their clients through this complicated process. 

Steps of Pre-Filing of Criminal Charges 

The first step in the pre-filing stage is usually an investigation by the police. If a crime has been committed, the police will gather evidence such as witness statements, physical evidence, and any other relevant information. They may also interview the victim, the suspect, and other witnesses to determine what happened. Once the police have completed their investigation, they will present their findings to the state's attorney. The state's attorney will then decide whether there is enough evidence to file formal charges. If there is enough evidence, the state's attorney will file the charges, and the defendant will be formally arrested. 

However, in some cases, the state's attorney may decide not to file formal charges even if the police have gathered enough evidence. This can happen for many reasons, such as the victim's refusal to cooperate, the defendant's lack of prior criminal history, or the unavailability of key witnesses. In other cases, the state's attorney may decide to file formal charges but wait to do so until additional evidence can be gathered. This is called deferred filing, allowing the state's attorney more time to build a stronger case against the defendant. 

The pre-filing stage is also an essential time for the defendant and their attorney. They can use this time to gather evidence and build a defense in anticipation of the formal charges being filed. This can include interviewing witnesses, obtaining copies of police reports, and reviewing any other relevant information. If the defendant is aware they are being investigated, they should hire an attorney to represent them. An experienced criminal defense attorney can help the defendant understand their rights and the charges against them and can also work with the state's attorney to negotiate a plea bargain or to have the charges dropped. 

In Florida, the pre-filing stage can be a complex and confusing time for both the defendant and the alleged victim. It is important to understand that while the formal charges have not yet been filed, the defendant may still be facing severe consequences, including arrest and a potential trial.

Consult a Skilled Orlando Criminal Defense Attorney to Protect Your Future

The pre-filing of criminal charges in Florida is an important step in the criminal justice system. It is a time for the police, the state's attorney, the defendant, and the victim to gather evidence and make important decisions about whether formal charges should be filed. It is time for the victim to seek justice. If you or someone you know is facing pre-filing criminal charges in Florida, it is important to seek the guidance of an experienced criminal defense attorney. The attorneys at Hanlon Law have been providing aggressive representation to their clients for many years and are committed to protecting the rights of their clients. We investigate the circumstances of our clients' arrests, the police evidence against them, and any other factors that may help in having the charges dismissed, mitigated, or a not guilty verdict reached in trial. 

If you wish to learn more about the pre-filing of criminal charges in Florida, contact Hanlon Law to schedule a consultation to discuss your charges and hire an Orlando-based drug criminal defense attorney today.

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