Pre-Filing Representation in Arizona

TUCSON CRIMINAL DEFENSE ATTORNEYS

In many criminal cases, a person is arrested during the commission of a crime, or shortly thereafter.  Other times, however, a lengthy criminal investigation into potentially criminal conduct culminates in a law enforcement agency presenting a case for prosecution.  For example, most DUI arrests take place immediately after the commission of the offense, leaving no time to work with an attorney during the investigative and pre-filing stages.  On the other hand, fraud crimes, sex offenses, many federal crimes, and others will move more slowly.  Additionally, it is not uncommon for a person to be arrested before a case is submitted for prosecution, in which case there may be an opportunity to present favorable evidence before charges are brought.

THERE ARE MANY CASES WHERE EARLY INTERVENTION BY AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY CAN HELP YIELD A BETTER OUTCOME IN A CRIMINAL CASE.  IF YOU ARE UNDER INVESTIGATION FOR A CRIME, OR HAVE REASON TO BELIEVE YOU MAY BE THE TARGET OF A STATE OR FEDERAL CRIMINAL INVESTIGATION, CONTACT US TODAY FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  520-585-5757.

Pre-filing (also called "pre-charge" or "pre-indictment") representation is where somebody hires a criminal defense lawyer before they have been charged or indicted, sometimes before the police have arrested them and, in the best possible case, before the police have even started their investigation.  The benefits of having counsel at this stage are multifold.
Criminal lawyers advising people who have not been charged with a crime, but
have concern that they could be charged, are said to be providing “pre-charge
counsel.”

• If you are under investigation and about to be questioned before indictment, by a law enforcement official in Arizona, you must make sure you are defended. Sometimes, if you obtain legal representation in your defense, the criminal charges are thwarted completely. Retaining Criminal Defense at that point, builds a barrier between you and the prosecution. Nicholas Loncar will be your legal wall between you and the state to keep your constitutional rights from being violated, and reduce your chances of unintentional self incrimination. In other words, he will keep you from you saying or doing something that the state will hold against you later. Remember, the prosecution and police are doing everything in their power to build a case against you.
• You need legal representation to make sure the state does not twist your words around only to be used against you. You need an experienced Arizona criminal attorney to take control and proactively defend you. Pre-indictment
In general, it is simply occurring prior to a formal charge being made against a
suspected criminal.

investigations are conducted just prior to the police contacting you, or it could be after they have attempted to talk to you. At this point, no formal criminal charges have been filed, and you have not yet been arrested. Again the state is usually just trying to build or strengthen its’ case against you.
What your Criminal defense lawyer will do?
During this phase before indictment, Nicholas Loncar, criminal defense attorney can help you and will do everything possible to accomplish the following:

• Prevent filing of charges.
• Reduce charges.
• Assist with surrender and avoid arrest.
• Divert allegations into an informal resolution.
• Contacting the detective and notifying the investigator that you are
  being legally represented and all communications with you, should be
  take place through the attorney
• Scheduling for a polygraph or a risk-assessment on a confidential basis,
  where the results of such exams would not be revealed to the prosecution or investigator, unless helpful to you. This may help to exonerate you as a target of an investigation;
• Inform the Court you wish to present exculpatory evidence and testimony to the Grand Jury should the State choose to pursue indictment.
• Refuse speaking with the police or investigators
• Request an attorney to be present when speaking with police
• Have your attorney speak with the police or investigators
• Request an attorney to be present when speaking with police
• Have your attorney speak with the police or investigators
• Enforce your constitutional rights

• People who have the benefit of pre-charge legal counsel often can significantly
reduce the chance of being charged with a crime, and significantly improve the
outcome that would otherwise occur.
When Charges are Eminent
There are certain steps Arizona criminal defense lawyers take to eliminate future charges, but sometimes they are unavoidable. In such a case, skilled lawyers continue working to set up their clients for the best chance of success. They take actions such as:
• Interviewing possible witnesses and gathering evidence to better

understand the upcoming proceedings, and build a strong case against
the coming charges.
• Talking with the prosecutor and arranging to present evidence to Grand
Jury.

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ARIZONA STATE CRIMINAL LAW LINKS:
Pima County Superior Court
Tucson City Court
Pima County Justice Court
Pima County Sheriff Inmate Locator
Tucson Police Department
Pima County Sheriff

FEDERAL CRIMINAL LAW LINKS:
US District Court - Arizona (Tucson)
BOP Inmate Locator
Drug Enforcement Administration ("DEA")
Bureau of Alcohol, Tobacco and Firearms ("ATF")
Customs and Border Patrol ("CBP") Tucson
Federal Bureau of Investigation ("FBI")