Pre-Filing Defense · Los Angeles County
LA Prefile Intervention Attorney
Arrested but Not Charged Yet?
DA rejections. Wobbler downgrades. Diversion referrals.
Daniel S. RubinPrefile Intervention Attorney
01 — Quick Facts
Prefile Intervention — At a Glance
02 — The Filing Decision
How the DA Decides to File
After arrest, police forward a package to the District Attorney's filing deputy. That deputy applies the LADA Filing Guidelines (a "reasonable likelihood of conviction" standard higher than probable cause) to decide whether to file, reject, or return the case for further investigation.
The filing deputy sees only what police send. Almost never does the deputy hear from the defense before deciding. That is the intervention opportunity — supplementing the record with exculpatory evidence, character information, restitution, and legal analysis the officer never included.
03 — Outcomes We Pursue
What Prefile Intervention Can Achieve
DA Rejection (DA Reject)
The DA declines to file any charges. The case ends before it begins — no arraignment, no docket, no public record beyond the arrest.
Reduced Filing
A felony filed as a misdemeanor, or a strike offense filed as a non-strike. Wobbler filing decisions are the entire ballgame for future consequences.
Diversion at Filing
Referral to a diversion program under PC §1000, §1001.95, or §1001.36 — completion results in dismissal with no conviction.
Civil Compromise Referral
For eligible non-violent offenses, PC §1377 permits civil compromise with a victim — resulting in dismissal on satisfaction.
Charge Substitution
The DA files a lesser offense than the arresting agency recommended — often the difference between a career-ending and career-survivable filing.
Further-Investigation Return
The DA returns the case to the arresting agency pending additional evidence. Cases returned often are never re-presented.
04 — Strategies
How We Move the Filing Deputy
Exculpatory Package
Video, text, photo, and witness evidence the police report omitted — presented in a written submission with legal analysis.
Legal Insufficiency Memo
Element-by-element breakdown showing why the People cannot meet the reasonable-likelihood-of-conviction standard.
Mitigation Package
Employment, education, family, service, and mental-health documentation contextualizing the client and the incident.
Restitution & Civil Compromise
Where lawful, pre-charge restitution and civil settlement dramatically improve rejection odds.
Diversion Enrollment
Enrolling the client in appropriate treatment before filing shows the deputy diversion is already underway.
Direct Filing-Deputy Meetings
In appropriate cases, an in-person or telephonic meeting with the filing deputy carries decisive weight.
05 — Process & Timeline
How a Prefile Case Moves
1
Retention
Immediate engagement — we intervene the same day, often the same hour, especially in custodial cases with a PC §825 clock running.
2
Investigation
Independent investigation, witness interviews, evidence preservation, and forensic review before the case ages.
3
Filing-Deputy ID
We identify the LADA or City Attorney filing deputy assigned and open a channel of communication.
4
Written Submission
Formal prefile submission with exculpatory evidence, legal memo, and mitigation package.
5
Meeting Advocacy
For serious cases, in-person or telephonic advocacy with the filing deputy or head deputy.
6
Decision
Filing deputy rejects, reduces, diverts, or files. We are notified of the outcome before arraignment.
7
Follow-Through
If filed, we transition seamlessly into arraignment posture. If rejected, we work on record clearing and, where warranted, arrest-record sealing under PC §851.91.
06 — When It Works Best
Highest-Impact Prefile Scenarios
- Wobbler filings where felony vs. misdemeanor is undecided
- Domestic incidents where the alleged victim recants or refuses to cooperate
- Fraud and theft cases resolvable by restitution or civil compromise
- Assault cases with mutual-combat or self-defense evidence
- Drug and mental-health cases eligible for treatment-based diversion
- First-time offenders with strong character and mitigation
- Cases where police overcharged relative to actual evidence
- Complex cases where the DA lacks time to build the file alone
07 — 48-72 Hour Timeline
Prefile Intervention Timeline — The Critical 48-72 Hour Window
- 1
Hour 0
Arrest & Booking
Client is booked at station or LA County jail. PC §825 48-hour filing clock begins to run (excluding weekends and holidays). Miranda rights attach; no further statements should be made without counsel.
- 2
Hours 1–6
Retain Counsel
The single most important step. Immediate engagement locks in attorney-client privilege, halts any further interviews, and begins independent investigation before witnesses scatter and evidence spoils.
- 3
Hours 6–24
Emergency Investigation
Independent investigator canvasses the scene, secures surveillance footage before it overwrites (typically a 24-72 hour retention window), and preserves witness statements while memories are fresh.
- 4
Hours 12–36
Filing-Deputy Identification & Outreach
We identify the LADA or City Attorney filing deputy assigned to the case and open a channel of communication before the deputy has fully reviewed the arrest package.
- 5
Hours 24–48
Written Prefile Submission
Exculpatory evidence, element-by-element legal insufficiency memo, mitigation package, and (where appropriate) restitution or civil-compromise documentation delivered to the filing deputy in writing.
- 6
Hours 36–72
Meeting Advocacy
For serious cases, in-person or telephonic advocacy with the filing deputy or head deputy. This is where reject-vs-file decisions are made in real time.
- 7
Hour 48+
Filing Decision
Deputy rejects, reduces, diverts, or files. On custodial cases the decision must come by the 48-hour mark or the client is released. On out-of-custody cases the window can stretch to weeks or months — but early submissions still land while the file is thin.
- 8
Post-Decision
Follow-Through
If filed, we transition seamlessly into arraignment posture with a fully prepared defense. If rejected, we work on arrest-record sealing under PC §851.91 so the arrest is deemed not to have occurred.
The 48-72 hour window closes fast. Once the case is filed, the leverage shifts — arraignment posture replaces filing-deputy advocacy, and options like DA rejection are no longer available. Immediate retention is the difference between a case that never happens and a case that has to be defended through disposition.
08 — FAQs
Prefile Intervention Questions — Los Angeles
What is prefile intervention?
Prefile intervention is defense advocacy in the window between arrest and the DA's charging decision. The goal is to reject, reduce, or divert the case before formal charges are filed — the most consequential moment in any criminal case.
How long does the DA have to file charges?
For custodial cases, PC §825 requires filing within 48 hours (excluding weekends and holidays). For out-of-custody cases, the DA has until the statute of limitations runs — 1 year for misdemeanors, 3 years for most felonies, and longer for enumerated serious offenses under PC §801.
Will retaining an attorney before charges are filed help?
Yes. Prefile-stage advocacy carries structurally different leverage than post-filing defense. The filing deputy is still deciding — every fact, every mitigating detail, and every legal argument you can put in front of them can produce a rejection, reduction, or diversion that would be unavailable after filing.
What is a DA reject?
A DA reject is a formal declination to file charges. The case is closed and the arrest — while it remains in the DA's file — did not result in a filed criminal case. In many cases the arrest record can be sealed under PC §851.91 after a factual-innocence finding.
Can charges still be filed after a prefile submission?
Yes — the filing decision belongs to the DA. But even when charges are filed, a prefile submission often produces a reduced filing, a diversion referral, or a filing package that avoids strike allegations, enhancements, or overcharged counts.
How is prefile different from a plea deal?
A plea deal resolves an existing case after filing. Prefile intervention prevents the case from being filed in the first place — no arraignment, no docket, and no negotiated plea. When available, it is a materially better outcome.
Can I clear my record after a DA reject?
Yes. Following a DA reject or a case dismissed after prefile intervention, you may petition for arrest-record sealing under PC §851.91 based on a finding of factual innocence — resulting in the arrest being deemed not to have occurred.
How much does prefile intervention cost?
Cost varies with the complexity of the case, the seriousness of the potential charges, and the amount of investigation required. In every serious case, prefile intervention is dramatically less expensive than defending a filed case through disposition — and often produces the best available outcome.
California Law Guides
Related California Laws — Prefile Intervention
Deep-dive statute explainers from our Laws Hub — how each charge is filed, defended, and sentenced in California courts.
What Happens After an Arrest in California
The hours and days after an arrest in California are critical.
Read the Full GuideArraignment in California
An arraignment is the first formal court appearance where charges are read, a plea is entered, and bail is set.
Read the Full GuideDomestic Violence Prefile Intervention
Prefile intervention is contact with the prosecutor before charges are filed to present evidence, witness statements, and mitigation that convinces the DA to reject or reduce the case.
Read the Full GuidePlea Bargaining California
Over 90% of California criminal cases resolve through a plea bargain rather than trial.
Read the Full GuideHow to Expunge a Record in California
Expungement under PC §1203.4 dismisses a conviction after probation is completed.
Read the Full GuideReducing Felony to Misdemeanor California
California Penal Code §17(b) allows the court to reduce certain felony convictions to misdemeanors.
Read the Full Guide