If you’re under investigation or worried about possible criminal charges, one of the first questions you may have is: Can a defense attorney stop formal charges before they’re even filed? While every case is different, the short answer is yes, sometimes. By getting legal help early, you may be able to prevent formal charges, reduce the severity of accusations, or position yourself for the best possible outcome.
How Criminal Charges Are Filed in North Carolina
In North Carolina, charges can be initiated in several ways:
- Through an arrest: If law enforcement believes there is probable cause that you committed a crime, they can arrest you. An arrest often leads to charges being filed in court.
- Through a complaint or investigation: A victim or witness may file a complaint, or law enforcement may investigate and submit their findings to the District Attorney (DA).
Ultimately, the District Attorney’s Office decides whether to file formal charges. Prosecutors review the evidence provided by police and determine if the case is strong enough to move forward.
This is where an experienced stop formal charges attorney can make a difference. By reviewing the evidence, identifying weaknesses, or presenting mitigating information, your lawyer may persuade the DA not to file charges or to file reduced charges instead.
Your Rights Before Charges Are Filed
If you are under investigation in North Carolina, you still have important constitutional rights, including:
- The Right to Remain Silent: You do not have to answer police questions. Anything you say may be used against you later.
- The Right to an Attorney: You can hire a lawyer at any stage, even before charges are filed.
- The Right to Be Informed: Your attorney can often request information about the nature of the investigation and any evidence against you.
- Protection from Unlawful Evidence Collection: If law enforcement violates your rights during an investigation, your attorney can work to have that evidence excluded.
Exercising these rights early helps protect you from mistakes or missteps that could strengthen the prosecution’s case.
Why Acting Quickly Matters
When it comes to criminal law, time is not on your side. The longer it takes for you to start preparing a defense, the harder it will be. Evidence can disappear, memories fade, and you lose the chance to collect the strongest evidence to defend yourself. Take action right away to give yourself the best chance at successfully fighting the charges. Benefits of early legal help include:
- Preventing charges from being filed in the first place.
- Identifying weaknesses in the prosecution’s case from the start.
- Protecting you from saying or doing something that could harm your defense.
- Establishing a strategy tailored to your specific situation.
Waiting until after charges are filed often limits your options. By contrast, quick action gives your attorney time to negotiate, gather evidence, and advocate on your behalf.
Schedule a Consultation with a North Carolina Defense Attorney
If you believe you are under investigation, don’t wait. During an initial consultation, your attorney will:
- Review the facts of your situation.
- Explain your rights and potential risks.
- Outline strategies to prevent or reduce charges.
- Answer your questions so you know what to expect moving forward.
Taking this proactive step ensures you have a strong advocate on your side from the very beginning.
If you’re facing a potential criminal investigation in North Carolina, schedule a consultation with a skilled defense attorney today. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form to schedule a free consultation to discuss your case. Acting quickly could protect your rights, your freedom, and your future.
