Q: If I haven’t been formally charged I believe I am innocent and Can prove it can I file for a review and how
A: If you have not been charged, there is nothing to prove. The burden is always on the state to prove guilt. But that is not the end of the inquiry. If you think police are considering charging you, but believe you have evidence that will help convince them that charges are not warranted, you need to find a way to get that evidence to the police. The best way to do that is to retain a lawyer NOW, not after it’s too late. A good attorney can talk to the police or the prosecutor, and help evaluate your case. The best work I have ever done is convincing the police not to file formal charges. Please don’t attempt to do this without an attorney. This is not a do it yourself situation. Do not speak to the police without an attorney. I hope you find this answer to be helpful.
Neville Bedford and John Larochelle agree with this answer
A:
Good afternoon,
Yes, you may request a review of the evidence. I strongly recommend against you submitting anything or communicating directly with any police agency. Your best course of action is to hire an attorney who is experienced in criminal defense.
On two recent occasions, I was able to deliver to the police agency who was considering charging my client enough evidence in the client’s favor to stop the police from bringing charges. It is a delicate process that must give great weight to not exposing the client to greater culpability.
Simply giving your side of the story to the police is almost certainly not going to prevent them from charging you. In fact, in nearly every situation, giving the police more facts does more harm than good. In some situations, the police will be able to charge you directly because of the new information they learn from you.
If the charges are for a capital offense, a grand jury will have to weigh the facts and decide whether levying criminal charges is fair. Otherwise, it will be up to the investigating police agency or the prosecuting agency (e.g., the Office of the Attorney General) to bring charges. The charging entity will consider any evidence presented to them.
Do not go it alone. Make the investment in getting excellent legal representation before communicating with any law enforcement agency.
Best of luck to you.
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