Contact for a Free Consultation 714-721-4423

PREFILE REPRESENTATION

Prefile Investigation—Preventing Criminal Charges After the Incident or Arrest

The Law Office of Richard Wagner is known for "prefile investigation representation," which involves discussions with prosecutors and law enforcement to prevent the initiation of criminal charges.

Richard Wagner, a criminal defense attorney in Orange County, has successfully assisted numerous clients in achieving exoneration prior to going to court. 

This approach aims to have arrest charges dismissed, ensuring an individual's record remains “clean” according to California Penal Code Section 849.5, which reclassifies an arrest as merely a “detention.”

Many defendants and their families, unfortunately, misunderstand the situation, believing that an arrest automatically equates to a criminal charge and that no actions can be taken until the initial court appearance. This misconception can hinder their ability to seek justice.

Timing is Everything in Prefiling Representation

A crucial part often misunderstood is vital for grasping the significance of intervening before formal charges are filed.

Imagine law enforcement takes you or a family member into custody on a "felony arrest." Or comes to your home and wants to talk to you. 

It is natural to think this means that if you are arrested on felony charges, or investigated for them, that they will be filed in a criminal court. However, the situation is more intricate. 

Many arrests are handed over to a detective in a specific unit, such as those dealing with domestic violence or sexual offenses, for further scrutiny. 

The detective decides whether to present the case to the Orange County District Attorney's office or decides there is not enough evidence. Even after reaching the prosecutor, the case may still be declined for prosecution or downgraded to a lesser charge.

Contact the Criminal Defense Law Firm

The Law Office of Richard Wagner is a criminal defense firm in Irvine, CA which practices in State courts throughout California.

Attorney Wagner has been practicing criminal law throughout Orange and Los Angeles Counties for over 26 years: pre-filing interventions, court representation, and jury trials.

Two office locations: 7700 Irvine Center Drive, #800, Irvine, CA 92618, and 9431 Haven Avenue, Rancho Cucamonga, CA 91730.

If you or a family member is under investigation or has been charged with a crime, contact The Law Office of Richard Wagner at 714-721-4423 to discuss your legal options.

Menu