How to Stop Charges from Being Filed in Arizona :
Trying to stop criminal charges before they are filed in Arizona? A pre-file investigation lets your attorney present exculpatory evidence before the charging decision, and under A.R.S. § 13-107 prosecutors generally have seven years to file most felonies and one year for misdemeanors. Act during that window, not after.
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What is a Pre-File Investigation?
A Arizona pre-file investigation is a legal process conducted before formal criminal charges are filed. This phase allows defense attorneys and investigators to intervene by presenting evidence or context that may encourage law enforcement or prosecutors to reconsider filing charges. Engaging in a pre-file investigation can be an effective way to stop charges from being filed in Arizona, reducing the likelihood of a criminal trial and its associated consequences.During a pre-file investigation, your defense attorney will communicate directly with law enforcement or the prosecuting office to present your side of the story. This early intervention can sometimes halt charges before they even appear in court records. Knowing how to stop charges from being filed is a skill that requires a skilled Arizona attorney.
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How Pre-File Investigations Can Stop Charges from Being Filed
Pre-file investigations are designed to prevent charges by:
- Presenting Exculpatory Evidence: Often, police officers or investigators may only have partial information. By providing complete and exculpatory evidence to law enforcement, it’s possible to weaken the prosecution’s stance before charges are formally filed.
- Highlighting Case Weaknesses: An experienced attorney can analyze the prosecution’s evidence and highlight any weaknesses or gaps, reducing the likelihood of charges moving forward.
- Providing Alibis and Context: When evidence is lacking, pre-file investigations allow the defense to present additional evidence that may justify or explain the situation. Sometimes, an alibi or a clear explanation is enough to discourage prosecution.
- Negotiating with Prosecutors: Defense attorneys often have established relationships with local prosecutors. These connections can facilitate direct communication, where an attorney can argue why charges should not be filed, whether due to insufficient evidence or other mitigating circumstances.
By working to stop charges from being filed, pre-file investigations provide an opportunity for intervention when stakes are high.
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Why Timing is Key in Pre-File Investigations
Timing plays a critical role in stopping charges from being filed in Arizona. Reaching out to an attorney at the earliest sign of an investigation allows your defense team time to gather favorable evidence, interview witnesses, and begin discussions with prosecutors or investigators before a decision is finalized.
Acting Quickly in Arizona Pre-File Investigations
Once an investigation begins, you may notice signs such as being questioned by police, hearing from potential witnesses, or even informal discussions with authorities. At this point, reaching out to an attorney can help stop charges from being filed. Pre-file investigations allow for a proactive defense, often avoiding the time, cost, and consequences associated with a formal trial.
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The Role of an Attorney in Preventing Charges from Being Filed
A skilled defense attorney is instrumental in a successful pre-file investigation. Here’s how they work to stop charges from being filed:
- Gathering Evidence in Your Favor: Attorneys investigate the case thoroughly, gathering records, witness statements, and sometimes surveillance footage to present a fuller picture.
- Identifying Key Witnesses: By interviewing witnesses, your attorney can gather testimony that can sometimes halt charges if there’s enough reasonable doubt about guilt or innocence.
- Communicating with Prosecutors: Experienced Arizona attorneys can initiate discussions with prosecutors, explaining why charges may not hold up in court and advocating for dismissal or reduction before formal charges appear.
- Building a Defense Strategy Early: With knowledge of Arizona’s legal landscape, defense attorneys build cases that align with local statutes and procedures, sometimes discouraging prosecutors from filing charges at all.
An attorney who knows how to stop charges from being filed offers clients the reassurance and expertise needed to address legal concerns before they escalate.
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Scenarios Where Arizona Pre-File Investigations are Effective
Here are some common situations in which pre-file investigations can help stop charges from being filed in Arizona:
- DUI Allegations: In cases where sobriety is questionable, a pre-file investigation may uncover evidence that challenges the validity of field sobriety tests or chemical testing, discouraging DUI charges.
- Drug-Related Incidents: If drugs were allegedly found during a search, a pre-file investigation might reveal procedural errors that make it difficult for prosecutors to move forward.
- Domestic Violence Cases: Domestic violence cases can stem from complex family dynamics. By investigating and presenting additional context, an attorney can sometimes show prosecutors why charges should not be filed.
- White-Collar Crime Allegations: In cases of suspected fraud or embezzlement, pre-file investigations can provide documentation or evidence of alternative explanations, mitigating the risk of formal charges.
- Assault Charges: Self-defense often plays a role in assault cases. Presenting evidence of self-defense early on can sometimes prevent charges from being filed.
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Awards & Recognition
Our recognition for Phoenix DUI defense is independently verified, click any award to confirm it:
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- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
When you are looking for the best Phoenix DUI lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
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Frequently Asked Questions
Can a lawyer stop criminal charges from being filed in Arizona?
Yes, an Arizona defense attorney can often stop charges before they are filed by presenting exculpatory evidence, alibis, and legal arguments to detectives or prosecutors during a pre-file investigation. Because prosecutors have discretion over charging decisions, early intervention can persuade them to decline or reduce a case entirely.
What happens during the pre-charge stage of an Arizona criminal case?
During the pre-charge stage, police gather evidence and submit the case to a prosecutor, who decides whether to file charges by complaint or seek a grand jury indictment. Your defense attorney can use this window to present favorable evidence before the charging decision is made.
How long do prosecutors have to file criminal charges in Arizona?
Under A.R.S. § 13-107, Arizona prosecutors generally have seven years to file most felony charges and one year to file misdemeanors, while serious crimes like homicide have no time limit. Until charges are filed, a defense attorney can still work to persuade the prosecutor to decline the case.
Should I talk to the police if I’m under investigation in Arizona?
No, you should not speak with police without an attorney, because anything you say during an Arizona criminal investigation can be used to justify filing charges against you. Politely decline questioning, invoke your right to counsel, and let your lawyer communicate with investigators on your behalf.
How much does a pre-file criminal defense lawyer cost in Arizona?
Pre-file representation in Arizona typically costs between $2,500 and $10,000 as a flat fee, depending on the seriousness of the allegation and the investigation required. Because stopping charges avoids trial costs, fines, and a criminal record, early representation is usually far cheaper than defending a filed case.
Does a pending DUI blood test mean charges will be filed in Arizona?
No, a pending blood test does not guarantee DUI charges, because Arizona prosecutors review the results and police reports before deciding whether to file. This waiting period, often several months, gives your defense attorney time to challenge the stop, the draw procedure, or lab reliability before charging.
Will I definitely be charged if I’m under criminal investigation in Arizona?
No, being under investigation does not mean you will be charged, because Arizona prosecutors must independently decide whether the evidence supports a reasonable likelihood of conviction. Many investigations end without charges, and early defense involvement presenting exculpatory evidence increases the chance a case is declined.
What should I do first if police want to question me in Arizona?
First, politely decline to answer questions and contact a criminal defense attorney immediately, because the window to stop charges from being filed closes quickly once prosecutors review the case. Tamou Law Group intervenes in Phoenix and Scottsdale pre-file investigations before charging decisions are made. Call 623-321-4699, 24/7.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.
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