Pre-indictment/Precharge Representation

I am/my loved one is being investigated for a potential crime. Do I need to hire a lawyer?

When being investigated, the sooner a criminal defense attorney intervenes, the better. Many people believe if they cooperate in an investigation and tell the police or investigatory agency their side of the story, that the investigation will be closed, and nothing will happen to them. Unfortunately, making statements without an attorney present is not in your best interest, and any statements you make can be used against you in a future criminal case. 

At Castillo Law, our attorneys are experienced in representing people during the investigation stage and in helping to prevent criminal charges from being filed. For past clients who were in the investigation stage, our office has successfully been able to arrange to be present for police or investigatory agency interviews, facilitate scheduling polygraph tests to prove innocence and prevent charges from being filed, check if criminal charges have been filed before a citation is received or before an arrest occurs, arrange a self-surrender when an arrest warrant was issued, and/or appear at the initial appearance that occurs with a judge within 24 hours of an arrest and argue for our clients’ release. 

I/my loved one recently had contact with law enforcement and was told a citation would be sent in the mail. Do I need to hire a lawyer?

If you were told that a citation is being mailed to you, it is likely that you have criminal misdemeanor charges filed against you or currently impending. In a criminal misdemeanor case, you are not always entitled to a court appointed attorney free of charge depending on the type of charges. The sooner a criminal defense attorney intervenes in these situations, the better. For DUI cases in particular, it is also important to speak with an attorney as soon as possible as you only have 15 days from the date of the Admin Per Se or Implied Consent affidavit being served to request a hearing with the Motor Vehicle Department in order to stay, or halt, the license suspension from beginning. At Castillo Law, our attorneys are experienced in handling prefile misdemeanor representation in all cases including DUIs.

I/my loved one was arrested, appeared in front of a judge, and released. I/my loved one was given a court date but was later told that the court date was vacated/scratched because charges were not filed. Do I need to hire a lawyer?

When you are arrested and appear in front of a judge on charges, those charges are normally submitted by the police department or arresting agency. However, the respective prosecutor’s office is who makes the final charging decisions. Occasionally, the prosecutor’s office fails to file charges by the first court date set by the initial appearance court. However, that does not mean you are free and in the clear. For misdemeanor cases, the statute of limitations is one year, and for most felony cases, the statute of limitations is seven years. The prosecutors’ delay in filing charges does not mean that the case won’t eventually be filed against you or your loved one within the required statutory time limits. Thus, it is in your best interest to hire a criminal defense attorney in these situations. The attorneys at Castillo Law are experienced in handling these prefile situations and can begin fighting the charges as soon as they are filed, if not beforehand.