The Right Defense Attorney Can Intervene Before Prosecutors Make a Charging Decision—Here’s How It Works and Why Early Action Matters
One of the most important calls I get from potential clients comes right after someone has been questioned by the police—or worse, arrested—but before the State has filed any formal charges. And the most common question I get is this:
“Can you stop the charges from being filed?”
The short answer is yes, sometimes I can. But only if I’m brought into the case early enough.
Florida law gives prosecutors a lot of discretion when deciding whether or not to file charges after an arrest. But that discretion cuts both ways. When I have the chance to speak with the prosecutor before a filing decision is made, I can often show them evidence, context, or legal issues that make a case weak—or flat-out invalid. That kind of early intervention is one of the biggest advantages of hiring a private criminal defense attorney at the start.
How the Criminal Case Process Starts in Florida
A lot of people think the process begins with charges being filed. But it usually starts earlier—with an arrest or a police report. After that, it’s the State Attorney’s Office that decides whether or not to file formal charges.
Here’s where things get interesting. Under Florida Statutes § 907.04, a person can be taken into custody before an information or indictment is filed. The police may arrest someone based on probable cause, but it’s still the prosecutor who decides whether to move forward with the case.
That means there’s a window of time where I can get involved and try to convince the prosecutor not to file anything at all.
Florida Statutes That Govern Charging Decisions
Florida Statutes § 907.04 – Discharge of Defendant Not Charged
“When a person has been held to answer to a criminal charge, and no indictment or information is filed against the person within 21 days from the date the person was arrested... the defendant shall be entitled to be released on the person’s own recognizance.”
This statute is important because it gives the prosecution a limited time to act after arrest. If they don’t file in time, my client is released, at least temporarily. And sometimes, that window is the only opportunity we have to stop the case from moving forward.
Florida Statutes § 775.15 – Time Limitations (Statute of Limitations)
This law sets deadlines for when the State must file charges after the alleged crime. If they miss the deadline, the case is legally barred.
What I Do Before Charges Are Filed
If you hire me early—during the investigation or right after arrest—here’s what I do:
- Contact the assigned prosecutor or intake division immediately.
- Submit a formal filing decision letter that includes facts, documents, surveillance footage, medical records, or witness statements that the police report left out.
- Provide legal arguments why the charges would not hold up in court
- Challenge the probable cause that led to the arrest.
- Offer alternate explanations for the behavior under investigation.
My goal is to convince the prosecutor that the case isn’t worth pursuing, that the evidence doesn’t support a charge, or that a jury would never convict. When this works—and it often does—it prevents the trauma, embarrassment, and expense of fighting a criminal case in court.
Real Life Example: Felony Charge Avoided
One of my clients, a single father in Orlando, was accused of felony child abuse after a school nurse saw a bruise on his child and called the police. He was arrested based solely on the allegation and the report. The officer claimed it was intentional harm.
Before the State filed anything, I jumped into action. I interviewed family members, gathered medical records, and obtained photographs that showed the child had a documented history of skin sensitivity and bruising easily. I also brought in a pediatrician who had treated the child for years.
I sent all of this to the prosecutor’s office, along with a letter outlining why the elements of the charge couldn’t be proven beyond a reasonable doubt. We had everything to show that this was not abuse and not a criminal matter at all.
The prosecutor declined to file charges. That client never had to appear in court. No criminal record. No plea deal. Nothing on file.
That kind of result only happens when someone calls a private attorney immediately—before things get out of hand.
Why Hiring a Private Attorney Early Is So Important
By the time charges are filed, a lot of damage may already be done. There’s a record. There’s bail. There’s a scheduled arraignment. The court process begins. You lose the chance to keep your name and your life out of the system entirely.
Private counsel gives you something else: direct communication with the people making decisions. Public defenders don’t get involved until after charges are filed. They’re great lawyers, but they don’t have the opportunity to stop the case before it starts.
I’ve stopped felony charges, drug charges, domestic violence accusations, and theft cases—just by getting involved early, investigating fast, and presenting the truth before the case got stamped and filed.
Common Defenses That Can Be Raised Before Filing
A few of the defenses I use most often in pre-filing situations include:
- Lack of intent – Especially in theft or assault accusations
- Mistaken identity – Video or eyewitness testimony can clear things up fast
- Alibi – Cell phone records or witnesses can place my client elsewhere
- Self-defense – Especially in battery or domestic violence cases
- Illegal search or seizure – If police violated constitutional rights, I bring that to the State’s attention immediately
The earlier these defenses are raised, the more likely it is that charges can be avoided entirely.
What Happens If Charges Are Still Filed?
If the prosecutor decides to file, it doesn’t mean all is lost. Everything I submitted can still become part of our defense. But now we’re in a different phase: court dates, discovery, motion practice. It’s a longer fight—and a more public one.
That’s why I always urge people to hire a lawyer as early as possible. Early action gives you more options. Late action leaves you reacting to the State’s decisions instead of shaping them.
Call Musca Law For a Free Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.
FAQs – Stopping Criminal Charges Before They Are Filed
Can a lawyer really stop charges from being filed in Florida?
Yes, in some cases. If you act quickly and hire private counsel early, your lawyer can intervene before the State Attorney’s Office files formal charges. This is known as a pre-filing intervention, and it can involve submitting evidence, letters, and arguments to the prosecutor that show why the case should be dropped.
Is there a deadline for the State to file charges after an arrest?
Yes. Under Florida Statutes § 907.04, if you’re in custody and charges haven’t been filed within 21 days, you must be released. However, that doesn’t mean the case goes away. The State can still file charges later, depending on the statute of limitations for the offense.
Can the police file charges without the prosecutor?
No. Police can arrest you, but only the prosecutor (State Attorney) decides whether to file a criminal information or indictment. That’s why it’s important to get a lawyer involved during that gap—between arrest and formal filing—because that’s when charges can potentially be stopped.
What if I haven’t been arrested yet, but I know I’m under investigation?
That’s actually the best time to call a lawyer. If you suspect law enforcement is looking into you, or you’ve been contacted by a detective, a private attorney can step in and control the situation. That includes advising you on your rights, communicating with police on your behalf, and preparing materials that may stop the case from moving forward.
Does hiring a lawyer make me look guilty?
No. It shows you’re serious about protecting your future. Prosecutors and law enforcement expect people to lawyer up when they’re being investigated. Having legal counsel isn’t an admission of guilt—it’s your constitutional right, and it could be the difference between a closed case and a criminal record.
Can I use a public defender to stop charges before they’re filed?
Unfortunately, no. Public defenders are only assigned once charges have been filed. That’s one reason private representation is so important in the early phase. A private lawyer can contact prosecutors directly and act immediately to present your side before anything becomes official.
What kinds of cases are most likely to be dropped before filing?
Cases involving misunderstandings, lack of evidence, conflicting witness statements, or first-time offenses are often the best candidates. I’ve seen this with theft cases, domestic disputes, and certain drug arrests. But it all depends on how quickly I can get involved and what evidence I have to work with.
Is there any guarantee that charges will be dropped?
No lawyer can guarantee an outcome. But hiring someone early gives you the best possible chance to avoid charges altogether. When I have time to investigate and present a defense before a prosecutor makes a decision, the odds of avoiding court go way up. Timing matters. Preparation matters. And so does having the right lawyer on your side.
Call Musca Law For a Free Consultation
If you think you might be charged with a crime—or if you’ve been arrested and haven’t yet been formally charged—this is the time to act. There may still be a chance to stop the case before it starts.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation – Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.