Miami Legal Tips Blog

A Florida Attorney Can Help with Your Pre-Filing Representation

CourtIf you’ve been arrested in Miami Dade County for a felony then you must hire a Miami criminal attorney as soon as possible. Too often we see people arrested and believe that they don’t need representation unless the case goes to trial. They also make the mistake of assuming that whatever charges were mentioned when they were arrested are what they’ll be charged with. This isn’t necessarily the case.

Learn about the pre-filing unit

In the Miami State Attorney’s Office, there is a unit that is known as the pre-filing unit. They are set up to review each and every felony arrest to see if there is enough evidence for the charges. This is when it can be extremely helpful to have a knowledge attorney on your side.

We can provide pre-filing representation by contacting the member of that office that’s going to be looking at your case. Once we’ve contacted them, we can prepare a detailed memo in which we make the case from your point of view. We can also include legal arguments that would tip the State Attorney in the direction of not filing charges. We may even include other exhibits such as letters from friends, family, or employers, pictures of your family, and other things.

An announcement of “no action” is the best possible outcome

If you’ve been arrested for a felony then the best possible outcome is for the State’s Attorney to come forward and announce “no action” because it means that your case won’t be filed. It means that you won’t be prosecuted at that time. You’ll be free to go and you can even get your bond back without having to pay a cent toward court costs.

Note that this doesn’t mean it’s over for good. It simply means that at this point, they don’t have enough to prosecute you. If they get more information or evidence, then they can come forward and re-arrest you. That said, when a State’s Attorney calls “no action” on a case, it’s almost always over.

Let a criminal defense attorney help with your case

Your felony charge is no joke. You need an experienced attorney who can stand up for you at every stage of the game. The Law Offices of Gilbert and Smallman are experienced and stand ready to help you. Call us today for your free legal consultation.

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