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.

The crime of manslaughter is the area in which we often see a citizen facing criminal charges. And it can happen fast–from citizen to criminal in five minutes.

Lest’s look at some examples:

• A person is driving home from a party after a couple drinks and is involved in a traffic accident and someone is killed.
• A daycare provider is watching eight children while only licensed for six and one of the children falls off a table a dies.
• A person has a pit bull that gets out of the yard and kills a toddler that lives up the street.

All of these examples, as well as countless numbers of other factual combinations, can add up to a charge of manslaughter . In most jurisdictions manslaughter can bring a punishment of up to 15 years in state prison. And this can come about even if the person being charged has no prior criminal record.

What to do? If you are involved in any action in which a person is killed, assume that the police will be looking to charge someone with the crime of manslaughter rather than making a finding of accidental death. In such a cricumstance, don’t attempt to talk your way out of it, or to give your side of the story. Make no statement and immediately retain a criminal defense attorney. Let the criminal attorney, not you, develop the case from reviewing the facts.

Often a skilled criminal attorney can develop one or more interveining acts from the facts that will remove or deminish the client’s responsibilty for the death. This can lead to an acquittal or a reduction of responsibility for the client in the case.

Please recognize that in the event of a death in circumstances as related herein, there is tremendous pressure upon the police to find a person criminaly responsible–I suggest you don’t volunteer to be that person.

Some thoughts from Anthony Partipilo, Supervising Attorney for America’s Criminal Defense Group