The Importance of the Pre-Filing Stage in California Criminal Cases

Most people believe a criminal case begins when they go to court.

In reality, some of the most important decisions happen before charges are ever filed.

This is known as the pre-filing stage, and it can significantly impact whether charges are filed — and what those charges look like.

What Is the Pre-Filing Stage?

The pre-filing stage occurs after:

  • An arrest and release
  • Completion of a police investigation
  • A detective contacts you
  • A police report is submitted

But before the District Attorney officially files charges in court.

During this stage:

  • Prosecutors review the police report
  • Evidence is evaluated
  • Witness statements are analyzed
  • Charging decisions are made

In some cases, the prosecutor has not yet decided whether to file charges at all.

Why the Pre-Filing Stage Is Critical

Once charges are filed, the legal process becomes more rigid.

Before filing, however, there may be opportunities to:

  • Prevent charges from being filed
  • Reduce a felony to a misdemeanor
  • Present mitigating evidence
  • Clarify misunderstandings
  • Highlight weaknesses in the case
  • Correct factual inaccuracies

Early intervention can sometimes change the direction of a case entirely.

Frequently Asked Questions About the Pre-Filing Stage

Can my case be dismissed during the pre-filing stage?

Technically, a case is not “dismissed” at pre-filing because it has not yet been formally filed.

However, it is possible for a prosecutor to decline to file charges after reviewing the evidence.

In practical terms, this means the case does not move forward.

While no outcome can be guaranteed, early legal advocacy may sometimes influence that decision.

What does it mean if charges have not been filed yet?

It means the District Attorney is still reviewing the case.

This review process may include:

  • Evaluating police reports
  • Assessing evidence strength
  • Determining appropriate charges
  • Deciding whether filing is justified

This is often a crucial window for strategic legal action.

Should I hire a lawyer before charges are filed?

Yes.

Many people wait until they receive a court date. By then, charging decisions may already be finalized.

Hiring counsel early may allow:

  • Pre-filing communication with prosecutors
  • Presentation of favorable evidence
  • Identification of weaknesses
  • Strategic mitigation efforts

Early involvement can sometimes improve positioning before formal charges are set.

Can charges be reduced at the pre-filing stage?

In some cases, yes.

A prosecutor may choose to:

  • File a misdemeanor instead of a felony
  • File fewer counts
  • Decline enhancements
  • Request additional investigation before filing

These decisions often occur before court proceedings begin.

What if the police already arrested me?

Even if you were arrested and released, the District Attorney still decides whether to file charges.

An arrest does not automatically mean formal charges will follow.

The pre-filing stage still exists after an arrest.

Do Not Assume “No Filing” Means No Risk

If you are under investigation or recently arrested, it is risky to assume the case will simply go away.

Silence from the District Attorney does not mean the matter is resolved.

Being proactive is often safer than waiting.

Early Strategy Matters

The pre-filing stage is one of the few times where a case may be influenced before it enters formal court proceedings.

Once charges are filed, options may become more limited.

Early strategy can make a meaningful difference.

Speak With Perliss Law Firm

If you are:

  • Under investigation in California
  • Arrested but not yet charged
  • Concerned charges may be filed
  • Contacted by detectives

Contact Perliss Law Firm for a confidential consultation.

Early action during the pre-filing stage can help you understand your position and explore possible strategic options before formal charges are set.

Schedule a
Free Consultation

Office Hours - Mon-Fri: 9:30am to 5pm
Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. The Perliss Law Firm team is licensed to practice law in California. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Our Simple Process

1
A telephone
CONTACT US
2
A document
FREE CONSULTATION
3
A magnifying glass
CASE INVESTIGATION
4
A trophy
RESULTS
California Lawyers
Avvo Rating
best of best review winner 2025 badge
Pasadena Magazine Top Attorney
Perliss Law Firm 2025 badge expertise
Avvo Clients Choice

Client Reviews

Reviewer Profile
Google
Vincent R.
5 Stars

"I personally was recommended to Sanford Perliss. My situation was dire. After our first meeting I Immediately felt relieved, I knew I was in good hands. He handled the case diligently and with the utmost professionalism. I don't know where I would be without the help of this man.  Thank you Sandy, I will recommend you to anybody I know."

Google
Reviewer Profile
Brian L.
5 Stars

"I can’t thank Perliss Law Firm enough for their outstanding representation. I felt confident I was in good hands from the moment I walked into their office. They explained every step of the process regarding my case and made sure I was fully informed about my options. Perliss Law Firm is professional and cares greatly about their clients. Highly recommend!"

Google
Reviewer Profile
Jessica M.
5 Stars

"Perliss Law Firm’s attorneys are extremely experienced and skilled。 They treated me with respect and were always available to answer any questions I had. I am extremely grateful and would recommend their firm if you’re looking for a dedicated and trustworthy defense team."

Schedule a
Free Consultation

Office Hours - Mon-Fri: 9:30am to 5pm
Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. The Perliss Law Firm team is licensed to practice law in California. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Perliss Law Firm
Sign up for our newsletter for essential legal insights and tips!
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
By subscribing, you agree to our Privacy Policy and provide consent to receive updates from our firm.
Copyright © 2026 Perliss Law Firm. All Rights Reserved.
Designed by:
Lab Coat Marketing