Representation Before Arrest And Before Charges Are Filed
Is it a good idea to wait until law enforcement contacts you before you hire an attorney?
The answer is no.
Unlike public defenders and “state appointed” lawyers, Attorney Nicholas Rosenberg can begin fighting your case immediately before any arrests happen. Very often law enforcement is still investigating a case and hoping that the suspect will make a statement which makes it easier to arrest the suspect. Mr. Rosenberg has represented many clients at this stage of a criminal case, referred to as “pre-arrest” or “during investigation.”
The advantage to having an attorney at this stage is that it can prevent the police investigation from ever reaching a point at which the client is arrested for a crime. There are specific steps that Mr. Rosenberg will take under these circumstances, and, while there are no guarantees of any outcomes, he has a solid track record helping clients. These situations require great skill and experience, but often Mr. Rosenberg has been successful in achieving the goals of the client.
Is it a good idea to wait until the first day of court if you have been arrested?
The answer is also NO for the same reasons.
Even if you have been arrested for a criminal offense, that is not the end of the process. After an arrest the law enforcement agency must present the case to the prosecution which decides whether or not to file the case, usually right before the statutory deadlines. Many clients have retained Mr. Rosenberg to represent them at this stage and have achieved the desirable result that no charges were ever filed.
Having a private attorney contact law enforcement and the prosecution and point out weaknesses in the case, search and seizure issues, witness credibility problems and mitigation factors can prevent charges ever being filed. For a felony arrests, Mr. Rosenberg has also gotten charges reduced to misdemeanors by the first day of court – a positive result if no dismissal is possible.
Depending on the facts of the case, Mr. Rosenberg may seek to immediately start investigating, looking for favorable evidence and taking witness statements, which very often can prove quite helpful in achieving the goals of the client. Each case is different, but, having an attorney as soon as possible can greatly affect the outcome of a criminal case, even after an arrest.
Cases Dismissed Before Filing
No Attempted Murder Charges Filed!
Client discharged a firearm at his neighbor who was on his property in the middle of the night. The neighbor sustained a serious injury and was hospitalized. The client panicked and fled, and was avoiding returning home until he knew the status of the police investigation that followed. He hired Attorney Nicholas Rosenberg to represent him. Attorney Rosenberg knew that the Detectives wanted the client to go to the police station and make a statement, to “clear this whole thing up” and “finally put it to rest.” However, Attorney Rosenberg asserted all of the client’s rights and after speaking with the Detectives, no charges were filed by the Prosecution. Mr. Rosenberg advised the Detectives that there were several pending restraining orders against the neighbor and many other victim credibility problems as part of his investigation of the case. That was a potential 40 years to life in state prison case dismissed before it was ever filed in Court!
No Kidnapping or Domestic Violence Case Filed!
Client had property in another county and drove with his significant other who was pregnant to handle some business affairs. During an argument which started in their hotel room, she abruptly left his car and called the police, alleging that she had been kidnapped from San Bernardino County and was the victim of domestic violence. The client retained Attorney Nicholas Rosenberg who immediately had his investigator take her statement, and immediately contacted the local Sheriffs. Upon learning that the investigation was transferred across county lines to San Bernardino, Attorney Rosenberg contacted the Sheriff, asserted his client’s rights and the investigation reached a standstill. The client was facing a maximum of over 8 years in prison with a strike. After skillfully navigating the investigations of the law enforcement teams of two counties, Attorney Rosenberg prevented the charges ever being filed!
No Weapons Charges and No DUI Charges Filed!
Client was arrested for a driving under the influence offense, and, when the officers searched his vehicle, they found a concealable deadly weapon, brass knuckles. After bailing out, the client hired Attorney Nicholas Rosenberg to represent him. After meeting with the client to do an in depth intake on the facts of the arrest, Attorney Rosenberg immediately contacted the Prosecution. By pointing out search and seizure issues as well as problems of proof issues, Attorney Rosenberg was able to prevent the case from ever being filed. The client appeared at his first court date, got proof that he appeared, and avoided weapons and DUI charges, despite having a criminal history!
Case Dismissed Before Filing!
Client was stopped in his vehicle with a large quantity of methamphetamine and was booked for possession for sale of a controlled substance. He had a criminal history in Los Angeles County. He retained Attorney Nicholas Rosenberg who immediately contacted the Prosecution and pointed out flaws in the case. At the first day of court, no charges were filed. The client and Attorney Rosenberg have been monitoring the case and now it is too old to file! Result: Charges Dismissed Before Filing!
No Embezzlement Charges Filed!
Client worked at a business which accepted large amounts of cash and the client had the responsibility for counting up the proceeds and closing the business. When large amounts of cash were discovered missing, the boss called the police and the client was arrested for felony theft and embezzlement charges. The client retained Mr. Rosenberg shortly after his release from jail and before his first court date. After investigating the case, Mr. Rosenberg contacted the Prosecution, pointed out difficulties with the boss’s theory implicating the client, and prevented charges from ever being filed!