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What Happens Pre-Filing in a Federal Criminal Case?

Posted by Hedding Law Firm | May 26, 2020

This is an important aspect of any federal case: what the federal government agents are doing before the case is even filed. I get a lot of clients who come to me pre-filing at the investigative stage, and they're really trying to figure out what to do. They know that the feds are investigating them.

They've either tried to talk to them or have talked to them.  They've reached out to people that they know, witnesses, their employees. So, the person gets wind of the fact that the federal government — the FBI, the DEA — or whatever federal branch — Homeland Security, the Secret Service — is investigating them. Instead of just burying your head in the sand, what you want to do is hire a federal criminal defense attorney. This attorney will not only defend you in court but also manage the investigative stage, acting as a buffer between you and the federal agencies and ensuring that no incriminating information is given.

Retain a Federal Criminal Lawyer Early in the Process

There's no reason to wait because while the government is building up evidence against you. You want to hire a defense attorney on your side, doing whatever can be done on your behalf. This could include reaching out to the agents, talking to the prosecutor, gathering evidence in your favor, and ensuring that your rights are protected at all times.

That's a crucial piece of the puzzle when it comes to a federal criminal case because now the prosecutors have somebody to talk to.  They can go to your attorney and say, we've got the evidence to arrest your client.

We've got the evidence to prosecute your client, and then they can discuss how that's all going to go versus them just coming to your home or work, banging your door down, and taking you away, and now you're in a panic state and alert as far as how you're going to defend yourself and how you're going to get out of custody while the case is pending.

Having an attorney from the outset puts you in a position of strength, enabling you to negotiate with the prosecutor from a position of power rather than fear.  This is a crucial advantage in defending a federal criminal case.

Independent Investigation

You can also do your investigation at the pre-filing stage. I talk to my clients all the time. A lot of times, we will get witnesses lined up. We'll talk to them. I'll use my investigator so we can get statements, preserve them, lock them in, and even give them to the prosecutors in certain situations.

What Happens Pre-Filing in a Federal Criminal Case?

Obviously, you want to avoid talking to the federal agents, FBI, or whatever federal agency is trying to talk to you or investigate you.  You want to use your attorney to act as a buffer between you and these agencies.

Let them talk to the agents and find out what's going on. Obviously, an attorney who knows what they're doing, is battle-tested, and is savvy is not going to give any information that can incriminate you.

Without the guidance of an experienced attorney, you may inadvertently say or do something that could incriminate you. Many individuals mistakenly believe they can outsmart federal agents, but these professionals are highly trained and can easily misinterpret your words, leading to serious consequences.

These guys are specially trained, and a lot of times, they'll even mischaracterize what you said or give some interpretation of what you said that is not accurate or correct, but there is still time.  The bell's been rung.  The cat's out of the bag.  You're now being charged with a federal crime.

They're using your own statements against you.  That's the worst position to be in because a person's own statement is usually the most powerful evidence that the government can get in a criminal case, so you want to make sure you don't help them in the case.

You want to make sure that you use your defense attorney to try to block any moves they're making in that regard — not allow them to talk to you, not allow them to try to get any information against you.

Federal Criminal Defense Lawyer

Obviously, whatever you can do on your end to get your version of events across — to get your evidence together while the prefiling stage is underway — is obviously key in your defense and will be key in your defense if they end up filing a criminal case against you.

Sometimes your defense attorney can kind of show the other side of the equation and prevent a criminal filing.  Other times, a criminal filing is inevitable, but you'll want to have your attorney there to try to brace for the impact of that investigation.

Your lawyer can also prepare for the impact when they come to arrest you, including how you're going to be treated and what position you might be put in by being arrested and taken away from your family and your job. You want to make sure your attorney is right there to do whatever is necessary to defend you properly.

Hedding Law Firm is a criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. We also have an office at 633 West Fifth Street, Los Angeles, CA 90071. Call (213) 542-0994 for a free case evaluation.

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Hedding Law Firm is committed to answering your questions about Federal Criminal Defense issues in Los Angeles and Encino California. We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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