01 Nov 21

Can I Resolve My Federal Criminal Case Before Charges Are Filed?

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Last Updated on: 4th August 2023, 06:13 pm

Did you know it’s possible to resolve a federal criminal case in advance of filed charges? If that’s what you’d like to see with your investigation, here’s how you can make it happen from our team of experts in federal criminal law.

Discovery in a Federal Criminal Case

Throughout a federal criminal investigation, the burden of proof falls on the prosecution. Consequently, investigators and federal agents from several federal agencies will work diligently to collect as much evidence as possible to prove your guilt. They will scrutinize the information obtained to make a decision that can determine your fate, including if you will face incarceration.

To speed up the process, a federal prosecutor may turn over the evidence they have to your attorney. This procedure is known as discovery and is part of an investigation that is required by law. Discovery can include documents, videos, paperwork, phone records, bank statements, and more.

Most discovery processes only occur once charges are filed or after an arrest is made. In some instances, however, targets of an investigation will luck out and have discovery happen early on. More often than not, these lucky individuals have a federal criminal defense attorney that the prosecution will work with directly.

Discovery before charges are filed will only happen depending upon the type of case and the federal agency involved. This could include the Federal Bureau of Investigation (FBI), Federal Trade Commission (FTC), or the Drug Enforcement Administration (DEA). The exact determination of early discovery may also depend on how the prosecutor normally handles cases and what circumstances surround the situation.

If the pieces fall into place for you, there’s an opportunity for our attorneys to negotiate with the prosecution as part of a good faith prefiling process. If victorious, your attorney might succeed at convincing prosecutors to close the case before charges or claims are filed and before they arrest you.

What is a Prefiling Negotiation in Federal Criminal Investigations?

Did you know that you can conduct your own investigation as part of the prefiling process? During the prefiling stage of a criminal case, your attorney can do the investigative work on your behalf.

This is the most advantageous method of protecting your interests and your future. While you wait for federal agents to wrap their side of the investigation, your attorney will work with private investigators to gather evidence.

Whatever evidence is gathered at this stage will also be turned over to investigators or the prosecution to hopefully sway the direction of the case. If the evidence submitted, such as statements or text messages, proves detrimental to the prosecution, they may not move forward with charges.

Protect Your Rights By Exercising Them

Countless times, individuals being investigated falsely believe that they can’t be incriminated if they are speaking truths with federal agents. Unfortunately, that’s never the case. It’s an absolute truth that anything you say or do will be used against you in the court of law. This truth is accurate even if you did not do what you’re being accused of.

If you’re brought in for questioning, or if you have agents at your place of work, request to speak to your attorney immediately. Don’t leave room for misunderstandings to occur and refrain from speaking to any federal agents, investigators, or prosecution without having your attorney present.

What to Do if Charges Are Pending

If the prosecutor over your case has already determined that they have sufficient evidence to press charges, you can assume charges are coming. However, through discovery and the prefiling stage, there is still a possibility that your attorney can successfully negotiate the charges away.

If it turns out that charges are imminent, your attorney will fight to protect you, your family, and your financial interests from further damage. Your lawyer will strategize to try and prevent your arrest even if charges are filed.

Why You Need a Federal Criminal Defense Attorney

The best way to handle a criminal investigation is at the prefiling stage. To successfully resolve the situation before criminal charges occur, you should have one of our federal criminal defense lawyers defend you from day one. With the right federal criminal defense attorney by your side, you can rest assured knowing someone is using the law to protect your freedom.

By hiring a federal criminal defense attorney, you’ll have the law working for you and not against you. Give yourself the best chance and obtain legal counsel from an experienced, knowledgeable attorney who understands the benefits of prefiling negotiations in federal criminal cases.

If you’re facing a federal criminal investigation, there’s a chance you can have the case closed before charges are filed. Discover this little-known method of resolving a federal criminal case from our team of legal experts. Go here or give us a call for your consultation today.