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Being the subject of a criminal investigation can be one of the most stressful and intimidating experiences an individual can go through. During the pre-arrest investigation phase of a criminal case, an active criminal investigation is underway but the individual under investigation has not been formally charged by the prosecutor or indicted by a grand jury. Grand juries are commonly used by federal, state and county prosecutors to investigate crimes and, in some circumstances, issue charges through an indictment or grand jury presentment.
During the pre-arrest investigation phase, it is often necessary to conduct a comprehensive independent defense investigation to interview witnesses and follow leads favorable to the defense that the police have ignored or missed altogether. In some cases, the most effective legal strategy involves delaying the disclosure of the evidence from the defense investigation until the time of the trial.
In some cases, the most effective legal strategy involves disclosing the evidence from the defense investigation to the prosecutor prior to trial in an effort to prevent the filing of criminal charges or the issuance of an indictment. Pre-trial disclosure of defense investigation evidence can often convince the prosecutor to file reduced or less-serious charges. In certain cases, it may be possible to avoid facing criminal charges by negotiating a financial settlement with the prosecutor to satisfy restitution claims.
At the Law Offices of James S. Hong, our attorneys have over 30 years of experience fighting for the rights of pre-arrest investigation. Contact us today for a free, no obligation phone consultation.
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