Pre-Charge Representation

Pre-Charge Representation

by | Oct 15, 2024 | Criminal Defense

The Importance of Pre-Charge Representation in Criminal Defense

When facing the possibility of criminal charges, many people feel overwhelmed and unsure of their next steps. A common misconception is that legal representation is only necessary after being formally charged with a crime. However, *pre-charge representation* can be a critical step in protecting your rights, potentially avoiding charges altogether, and mitigating future legal consequences.

What is Pre-Charge Representation?

Pre-charge representation refers to legal assistance provided before formal criminal charges are filed. This often occurs during the investigation phase of a criminal case, when law enforcement is gathering evidence, conducting interviews, and determining whether to bring charges against a suspect. During this time, prosecutors and police may already be considering a case against you, even if you haven’t been arrested or formally accused. A skilled criminal defense attorney can intervene at this early stage, advising you on your rights, guiding your interactions with investigators, and working to prevent charges from being filed.

Why Is Pre-Charge Representation Important?

  1. Protect Your Rights Law enforcement officers are trained to gather evidence and build cases, and they may attempt to question you without informing you of your rights. A criminal defense attorney can ensure you don’t unintentionally incriminate yourself during questioning or give law enforcement unnecessary information. They can also prevent unlawful searches or seizures of your property, safeguarding your Fourth Amendment rights. Further, by invoking your Fifth Amendment right to counsel, you are likely to dissuade law enforcement from further attempts to interact with you.
  2. Early Case Intervention A defense attorney can intervene before charges are filed, potentially influencing the prosecutor’s decision to pursue or drop the case. This could involve presenting exculpatory evidence or arguing that the investigation lacks probable cause or sufficient evidence to bring a successful prosecution and that further pursuing the matter would be a waste of time and resources. By addressing weaknesses in the prosecution’s case early, an attorney may convince prosecutors not to pursue charges or seek lesser charges. In many counties in Wisconsin there are programs for what it known as a deferred prosecution. This involves taking responsibility for any potentially unlawful conduct and abiding by terms of an agreement for a period of time after which a charge may be dismissed. This may be done after formal charges have been filed and the case has wound its way through the criminal justice system. This, of course, involves fully retaining an attorney and paying a substantial fee. By being proactive and hiring an attorney before charges are filed at a reduced fee, a pre-charged deferral is one possibility to avoid criminal charges altogether. Such a positive and swift outcome can not only spare our clients the stress and expense of defending against formal criminal charges, but can also spare them the humiliation of having an easily accessible public court record of a criminal prosecution having been brought against them no matter the outcome.
  3. Guidance on Cooperation Pre-charge representation helps you navigate how much, if any, cooperation is in your best interest. In some cases, cooperation with law enforcement can lead to favorable outcomes, such as immunity or reduced charges. In other cases, it may expose you to unnecessary risk. An attorney can guide you on the best course of action for your specific situation. Attempting to handle such complex circumstances without the benefit of years of experience in gauging likely outcomes of varying degrees of cooperation could likely run a significant risk of greater legal jeopardy.
  4. Negotiating Terms If charges are likely to be filed, a defense attorney can negotiate the terms of your surrender, reducing the chances of a public arrest or other disruptive actions. They may also be able to arrange for a signature bond rather than substantial cash bail or other conditions that minimize the impact of a potential arrest.
  5. Mitigating Public Relations Consequences Criminal investigations can become public knowledge, potentially harming your reputation, career, or personal life. Having an attorney involved early can help manage any media attention or public scrutiny. They can work to protect your privacy and advise on how to handle any necessary public relations aspects of the case.

Examples of Pre-Charge Scenarios

White-Collar Crimes: When suspected of fraud or embezzlement, financial records may be under scrutiny before you are even aware of an investigation. An attorney can work with accountants and financial experts to present a strong defense during this stage. Drug Crimes: In drug-related investigations, law enforcement may rely on confidential informants or other means of surveillance ranging anywhere from intercepted phone records to GPS monitoring of vehicles. An attorney can assess the legality of such actions and challenge the constitutionality of improper police procedures. DUI Charges: If you are involved in an accident and suspected of driving under the influence, pre-charge representation can help ensure proper protocols are followed and provide sound and experienced advice on steps to minimize suspicion and avoid disclosing incriminating information to law enforcement.

When Should You Seek Pre-Charge Representation?

If you are aware that you are being investigated for a crime, or if you believe you may be under suspicion, it is crucial to consult with an attorney as soon as possible. Some common indicators that pre-charge representation may be needed include:
  • Law enforcement contacts you for questioning.
  • You receive a subpoena or search warrant.
  • You are aware of an internal investigation at your workplace.
  • You believe you may have been implicated in a crime by someone else.

Conclusion

Pre-charge representation can make the difference between being charged with a crime and avoiding prosecution altogether. By involving an experienced criminal defense attorney at the earliest stages of an investigation, you are taking proactive steps to protect your rights, defend your reputation, and reduce the potential consequences of criminal charges. If you suspect you are under investigation or have been contacted by law enforcement, don’t wait until it’s too late. Reach out to the experienced and qualified criminal defense attorneys at Mays Law Office, LLC. at (608)257-0440, for pre-charge representation and protect yourself from the outset.
Should I Represent Myself in My OWI Case? 10 Reasons Not to Represent

Should I Represent Myself in My OWI Case? 10 Reasons Not to Represent

by | Oct 1, 2024 | DUI Defense

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If you are facing a drunk driving charge in Wisconsin (either an OWI or a PAC), it is critical to ensure that you are making informed decisions about your defense. This includes making informed decisions about your legal representation. While it is expected to have concerns about the costs of hiring a lawyer, the reality is that it can be far more costly to try to handle your OWI or PAC case on your own.

For several reasons, putting an experienced OWI/PAC lawyer on your side makes financial sense. There are many other reasons to hire a professional lawyer as well. As a result, trying to handle your case on your own isn’t worth it.

Why You Need Experienced Legal Representation for Your Wisconsin OWI or PAC

Why shouldn’t you try to represent yourself in your Wisconsin OWI or PAC case?

Here are ten reasons (among many more) why you will want an experienced lawyer on your side:

1. You Are Facing Substantial Penalties

Under Wisconsin law, OWI and PAC charges both carry substantial penalties. Regardless of your blood alcohol concentration (BAC) and your prior record (if any), a conviction could lead to fines, surcharges, and loss of your driving privileges. If your BAC was 0.15% or above, or if you have a prior OWI or PAC conviction, you may also be required to install an ignition interlock device (at your expense) if you get convicted.

2. OWI and PAC Convictions Have Other Consequences As Well

Along with Wisconsin’s statutory penalties for OWI and PAC charges, convictions can also have other consequences. These include increased auto insurance premiums, loss of job opportunities, academic outcomes, professional consequences, and immigration consequences—among others. As a result, for many people, the costs of an OWI or PAC conviction far surpass the fines and surcharges they incur in court.

3. No One Else is On Your Side

If you don’t hire a lawyer, no one involved in your OWI or PAC case will be on your side. The prosecutor’s job is to convict you, and the judge’s job is to enforce the law. If the prosecutor presents evidence that warrants a conviction—and if you don’t do anything to challenge it—the judge will have no choice but to find you guilty of OWI or PAC.

4. An OWI or PAC Conviction is a Very Real Possibility

To be abundantly clear, an OWI or PAC conviction is a very real possibility regardless of the facts of your case. If you do not defend yourself successfully, you will almost certainly face the life-altering consequences of a drunk driving conviction.

5. You May Have Several Defenses, and It is Critical to Choose the Right One(s)

While a conviction is a very real risk, there are also several ways to defend against OWI and PAC charges under Wisconsin law. The key is to choose and present the right defense (or defenses) based on the facts of your case. Keep in mind that asserting one defense might not be enough. For example, even if your blood alcohol concentration (BAC) reading is unreliable, the prosecutor may still be able to use other evidence to convict you.

6. Fighting Your OWI or PAC in Court May Not Be Your Only (or Best) Option

Another important fact to remember is that fighting your OWI or PAC in court may not be your only (or best) option. For example, if prosecutors have the evidence they need to convict you, your best approach may be to seek a plea bargain that minimizes the consequences of your arrest.

7. You Need to Protect Your Right to Appeal

Protecting your right to appeal will be critical if you decide to take your drunk driving case to trial. Several issues can justify appeals—and if you get convicted, filing an appeal could be the next step. But, if you don’t protect your right to appeal during your OWI or PAC trial, you can lose it.

8. Mistakes and Assumptions Can Prove Very Costly

In addition to failing to protect your right to appeal, many other mistakes can prove very costly when you are facing an OWI or PAC charge in Wisconsin. Assumptions can prove extremely costly as well. To avoid making these mistakes and assumptions, you will need an experienced Wisconsin OWI/PAC lawyer on your side.

9. Successfully Defending Against an OWI or PAC Charge is Not Easy

If it’s not abundantly clear, successfully defending against an OWI or PAC charge in Wisconsin is not easy. Regardless of the facts of your case, if you are not extremely careful, there is an excellent chance that you will end up facing unnecessary consequences.

10. Successfully Defending Against an OWI or PAC Charge is Extremely Important

While successfully defending against an OWI or PAC charge is not easy, it is imperative. From the court-imposed penalties to the collateral consequences of having an OWI or PAC on your record, a conviction can impact your life for years to come. You owe it to yourself to avoid these consequences if possible, and, at this stage, hiring an experienced lawyer is the most cost-effective option.

Schedule a Free, No-Obligation Consultation with a Wisconsin OWI/PAC Lawyer Today

We invite you to contact us if you would like more information about hiring a lawyer to fight your OWI or PAC charge in Wisconsin. Call 608-291-7609 or contact us online for a free, no-obligation consultation.

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