America's Criminal Defense Group - Our Legal Blog

Often when reviewing a case with our clients we have a situation where a client is being accused or investigated for a crime, but the crime has not yet been charged. In this situation we almost always advise that we be retained to handle a prefile defense of the accusation or investigation. Many attorneys advise clients to wait until they are charged and then come back. We think this is not sound advice in most criminal cases.

A prefile defense case is all about timing and positioning. It is only effective, in most cases, if the client immediately retains a criminal lawyer upon discovery of the accusations or investigation. By definition if the case has progressed to a charge, the prefile opportunity is forever lost.

What a criminal attorney attempts to do in a prefile defense can take a number of different forms. Among these forms would be: stopping the client from talking with the police or to anybody about the case, identifying witnesses and defense theories about the case, and checking facts and witnesses relied upon by the accusor or investigator in support of their case. Lastly, the attorney wants to inform the other side that any case arising will be vigoriously defended against.

All of these acts are done in an effort to make the prosecutors/investigators really look at their case from a standpoint of advocacy rather than as absolute facts in laid down case. One of the biggest problems in fighting all criminal cases is getting the prosecution to really look at the case and to acknowledge the problems they find.

This is why a prefile defense is so important, because if the defense attorney can get the prosecutors/investigators to look at your case before they have invested in prosecuting the case, there is an excellant opportunity to get the charges reduced or even obtain a no filing in the case. Often cases go forward or not on the thinest of margins. If a criminal defense attorney can influence a prosecutor at this stage of the proceeding, they have done a terrific job. We know because we have done it many times in the past.

If you are under investigation or have been accused of a crime, call 866-479-0130 for a free legal consultation with an experienced criminal attorney. Paying for a prefile defense can be the best money ever spent.

Anthony Partipilo is the Managing Director/Attorney for America’s Criminal Defense Group. Call 866-479-0130 to schedule a free legal consultation with Mr. Partipilo.

Many times as attorneys we assume that our clients have a more complete knowledge of the criminal justice system than they do. This often comes up when discussing with clients the differences between various types of charges.

For example, often clients have no understanding as to what is the difference between a misdemeanor and a felony. This is a basic element that needs to be understood before moving forward on any case.

A misdemeanor can be defined as an offense for which the defendant can be incarcerated for up to one year (in most jurisdications). A felony is loosely defined as an offense for which the defendant can be incarcerated for more than one year to an unlimited time period such as life (in some jurisdictions the death penalty is available). Now both of these offenses can carry possible additional penalties such as probation, parole, fines, court costs, schooling, community service, restitution, registration etc. However, it is primarily the sentencing differences that most client’s are concerned about.

Another difference is that misdemeanor sentences are usually served in county jail while felony sentences are served in state prison. (This refers only to state court cases as federal cases have a separate system.) Also, misdemeanor cases can often be expunged while felony cases often cannot.

As can readily be seen, a big difference exists between the two types of criminal charges. So, be sure that the attorney completely explains your case to you. This should be done, whether your case is a midemeanor or a felony.

If you have been charged with either a felony or misdemeanor crime, contact America’s Criminal Defense Group at 1-866-479-0130 for a FREE legal consultation with Anthony Partipilo, Supervising Attorney.