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Generally, the police investigation
regarding a crime is concluded or close to being concluded at the
time of arrest. Usually, the police focus their investigation on
gathering evidence that will help the prosecutor prove the case
against the accused. Also, the police are limited in resources.
So, the police do not always investigate all critical areas of a
case. Furthermore, not all police officers are ideal law enforcement
officers. In many cases, the criminal defense attorney's investigation
into the case is critical.
Prosecutors
never want to prosecute someone who is innocent of the crime. But,
prosecutors must rely on the police investigation unless it is shown
to be flawed. Since prosecuting offices are political offices, once
a case gets filed as a criminal case in the clerk's office (and
becomes public record), it is usually more difficult to get the
prosecutor to overturn the original filing decision.
Many prosecuting
offices have separate prosecutors who make the filing decision.
Generally, the time period between the arrest and the prosecutor's
filing decision occurs within the first 21 days. This time period
is critical when trying to show the prosecutor that the police investigation
is flawed. Typically, prosecutors will review all information provided
to the prosecutor's office. The criminal defense attorney can communicate
the importance of the information provided to the prosecutor. Additional
information could effect the prosecutor's position regarding the
prosecution of the case.
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