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Last Modified on Mar 14, 2026
You may believe that the criminal justice system only becomes involved in someone’s life once charges are filed. Prosecutors frequently evaluate evidence and investigate long before any charges are actually filed. Because of this, pre-file investigations in Florida are extremely important. A Florida criminal defense attorney may sometimes prevent prosecutors from filing charges.
Understanding Pre-File Investigations
Law enforcement takes evidence to prosecutors before formally filing charges against someone. The prosecutor reviews this evidence in a process called a pre-file investigation. They will decide whether the evidence proves a crime was committed and whether they have enough to file criminal charges.
Any type of crime can be investigated before formal filing, such as drug crimes, fraud, assault allegations, and white-collar crime investigations. These investigations can include interviewing witnesses and collecting electronic evidence. Searching financial records and executing search warrants are other examples.
Prosecutors decide whether or not to file criminal charges against someone, as stated in Florida criminal defense laws. Once law enforcement has gathered enough evidence to move forward with a criminal case, it is turned over to the state attorney’s office.
The State Attorney has sole discretion to file charges under Florida Statute § 27.02. Because prosecutors represent the people of Florida, they have the authority to file charges in any case involving a violation of Florida law. With this in mind, Florida law requires that the prosecutor review the case and decide whether to file criminal charges.
The Importance of Pre-Trial Investigations
Florida’s 2025 crime statistics demonstrate encouraging progress in reducing both violent and property crimes, with the overall crime index dropping by 5.0% to 687,234 incidents. The total number of violent crimes has dropped by 4.9% to 89,567, with homicides showing the largest decline at 15.2% to 1,234 incidents.
You might wonder what happens if prosecutors file charges against you. The process usually does not stop. In fact, it often becomes more challenging to prevent your case from moving forward.
After formal charges, court hearings are scheduled, and an arrest warrant may be issued. You’re presumed innocent until officially charged with something. Essentially, you haven’t been formally arraigned in front of a judge or jury.
If you are able to contact an attorney before the prosecutor files charges, your attorney can review the evidence and potentially stop your case from ever being filed. Your attorney can talk to the prosecutor and share what they believe might mitigate the situation.
What Happens When Charges Are Filed
Even with robust legal defenses, the prosecution can still bring charges. If your lawyer already knows about the case against you, they can start working on your defense right away. You will not have to spend time figuring out your next course of action with the help of an attorney.
Your lawyer can begin reviewing the evidence and speaking to investigators. Depending on the facts of your case, your lawyer may file motions to keep evidence from being used against you in court. Every case is different, and your attorney can work with you to achieve the greatest possible outcome.
Hire a Criminal Defense Lawyer
Facing criminal charges can feel lonely and frightening. You should not have to go through the process alone. Remember, if you suspect that you are being investigated for a crime, it may be in your interest to hire a criminal defense lawyer right away.
Your lawyer can help you understand your rights and protect yourself from self-incrimination. Your attorney can gather information about the case against you and begin crafting your defense. They can also speak to the prosecutor and potentially stop your case from being filed.
About the Law Offices of Nellie L. King, P.A.
The Law Offices of Nellie L. King, P.A., serves clients throughout Florida who are facing serious criminal charges. Criminal defense lawyer Nellie L. King has prosecuted thousands of criminal cases over her career. Attorney King is renowned in the criminal defense world and continues to help guests achieve their desired outcomes.
For cases in Palm Beach County, the process takes place at the Palm Beach County Courthouse, located at 205 N. Dixie Hwy., West Palm Beach, FL 33401. Either way, you will receive compassionate and knowledgeable legal services focused on protecting your rights.
FAQs
Can a Lawyer Stop an Investigation?
Typically, a lawyer is unable to stop law enforcement from investigating you or your family. However, an attorney can advocate for your rights throughout the investigation. Your lawyer may speak to investigators on your behalf. Your lawyer can present evidence that may undermine the allegations against you. Additionally, your lawyer can advise you against making statements that could be used against you.
How Do You Get Charges Dropped Before a Court Date in Florida?
To get charges dropped before a court date in Florida, prosecutors must lack evidence to prove your case. In these situations, they may dismiss the charges before your court date. Your defense lawyer can send evidence, witness testimony, or legal arguments that point out flaws with the prosecution’s claims. Prosecutors also have the ability to refuse to prosecute based on their prosecutorial discretion.
What Is One Reason Prosecutors May Decide to Dismiss a Case?
Oftentimes, prosecutors may decide to dismiss a case if they know they do not have enough evidence to convict. If they feel that they will not be able to prove your guilt beyond a reasonable doubt, they are likely to drop the case. For example, if they have very weak witness testimony and/or unreliable identification of you as the perpetrator, they may feel they cannot continue with the prosecution.
How Do I Convince a Prosecutor to Drop Charges?
To convince a prosecutor to drop charges, you or your lawyer needs to show the prosecutor that there are significant flaws with their case. If your lawyer can prove that you did not have the criminal intent to commit a crime or that evidence was gathered illegally, the prosecutor may drop the charges. Your lawyer may be able to gather evidence that provides you with a strong defense to the charges and convince the prosecutor not to file charges.
Contact the Law Offices of Nellie L. King, P.A.
If you have been charged with a crime, the Law Offices of Nellie L. King, P.A. can help formulate a criminal defense strategy for you. Contact us today for more information.
