Pre-Filing Investigations

A common misconception while handling criminal charges, is when to hire an attorney. Many people believe that you should only obtain legal representation when you have been charged with a crime. Although every situation is different, this is a mistake. Hiring an attorney during the pre-filing investigation on your case can help you avoid an arrest or charges altogether.

It is highly recommended that you gain legal counsel if you believe there is an investigation pending against you. Early intervention with a criminal defense attorney may deter your charges completely. An attorney can gather evidence to combat your allegations.

If you or someone you know believes an investigation is underway against you, it is vital that you contact an experienced criminal defense attorney.

Columbus Attorney for Pre-Filing Investigations

An attorney is a strong ally to have during a criminal pre-filing investigation. Experienced criminal defense attorneys can take the steps to prevent charges from being filed. Be ahead of the authorities or persons who are seeking to charge you with a crime. Get in contact with the attorneys at Joslyn Law Firm.

The attorneys at Joslyn Law Firm have over 20 years of collective experience in Ohio criminal law. Our attorneys are dedicated to each and every client. Joslyn Law Firm has received awards for their legal excellence. Our firm founder, Brian Joslyn, has been ranked by the National Academy of Criminal Defense Attorneys as one of the 10 best criminal defense lawyers in Ohio. Do not be hesitant when it comes to gaining legal representation. Find the outstanding results with the attorneys at Joslyn Law Firm. We work with our clients every step of the way. Call (614) 444-1900 and find an attorney who takes an aggressive proactive approach.

Joslyn Law Firm defends clients throughout the greater Franklin County area and surrounding communities including Columbus, Dublin, Worthington, Grove City, Circleville, Marysville, Lancaster, and Newark.

Fight your allegations with the attorneys at Joslyn Law Firm today.

Overview for Pre-Filing Investigations in Ohio

Steps to a Pre-Filing Investigation in Ohio

The pre-file investigation is the first step in the criminal process. Before formal charges are filed, law enforcement will investigate all evidence that may suggest criminal activity. In a pre-filing investigation you or other witnesses may be questioned, and your property may be searched.

Normally, the prosecutor decides if charges will be filed. Law enforcement will provide evidence. If the evidence is strong enough, the prosecutor will then decide to pursue the case or not. This is why it is extremely recommended to obtain legal representation. Local law enforcement, most likely, will question you to obtain incriminating statements. If you are equipped with a defense attorney, he or she can speak to law enforcement to divert their investigative tactics.

 Once law enforcement has collected all available evidence, they will send your case to the District Attorney's office. After evaluation, one of three outcomes may occur:

  • The district attorney will request the investigative agency to further examine the case;
  • The district attorney will decide to not file charges and end the investigation; or
  • The district attorney will file charges against you.

Pre-filing investigations differ based on the severity and type of crime. For most misdemeanor crimes, the prosecution has a year to file charges from the date of the alleged offense. If the crime is a felony, the prosecution has up to three years to file charges from the date of the alleged offense.

Ohio Arraignment & Bail

If the district attorney decides to file charges, an arraignment hearing will be scheduled. An arraignment is a formal hearing that details your charges and constitutional rights to you. An arraignment will result in one of the three types of charges: misdemeanor, felony, or infraction.

In an arraignment, no evidence or witnesses will be presented. A judge will go on to tell you that you have a right to trial, right to counsel, and the right against self-incrimination. In some cases, an arraignment will set conditions for release. An experienced attorney can speak on your behalf at an arraignment hearing.

Dependent on the circumstances, you may be able to pay a bail for release. If you are equipped with a criminal defense attorney, you may be able to reduce your bail. A bail hearing will take place during your arraignment. During this, your attorney can file a formal motion seeking a bail reduction.

Benefits of Hiring a Defense Attorney in Columbus, Ohio

Most people hire an attorney after arrest. However, if you gain legal representation you may be able to prevent filed charges altogether. The following are some benefits for hiring a lawyer during pre-file investigations:

  • Advise you during police interrogations
  • Correct inaccurate police reports
  • Collect favorable evidence and witnesses
  • Strategically prepare for unfavorable witnesses and evidence
  • Interpret the law in your favor
  • Persuade and negotiate with the prosecutor
  • Handling the media for high-profile cases
  • Prearranging for bail

Additional Resources

Pre-suit Investigation and the Pursuit of Frivolous Claims – Visit a document by the American Bar Association (ABA), the largest voluntary professional membership for attorneys in the world. Read more on pre-suit investigations, the dangers of pursuing frivolous claims, and more on Ohio ethics violations.

Record Request and Contact Forms – Visit the website for the Ohio's Public Defender's Office. See a record request by Coretta King, and see the document checklist for a capital case. Take a look at what certain forms an attorney may request, why they collect them, and any additional helpful documents you may need.

Find a Columbus Attorney for Pre-Filing Investigations in Ohio

Has someone accused you of alleged criminal activity? Are you currently the subject of a pre-filing investigation? If so, it is important that you seek a reputable criminal defense attorney. At Joslyn Law Firm, we are aggressive and tactful in approaching pre-filing investigations.

The attorneys at Joslyn Law Firm have a collected two decades of experience in handling criminal court proceedings. We are equipped with attorneys who have extensive experience in preventing charges during a pre-filing investigation. Attorney Mark Wieczorek, a former Assistant Prosecuting attorney, understands what law enforcement is looking for. We understand how twisted it can get with law enforcement interrogations and investigations.

Joslyn Law Firm wants to do everything in our power to reduce or avoid any filed charges in your case. Partner with an esteemed defense attorney. Our firm founder, Brian Joslyn, was elected as a Top Criminal Lawyer in Columbus CEO Magazine. Do what is best for your future, and contact Joslyn Law Firm.

Joslyn Law Firm practices law throughout the greater Columbus metropolitan area and surrounding counties including London in Madison County, Delaware in Delaware County, Newark in Licking County, Circleville in Pickaway County, Lancaster in Fairfield County, and Marysville in Union County.

Call us at (614) 444-1900, or simply submit an online contact form today.

This article was last updated by Jordan Anderson, on July 30th, 2018.



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