Have you suddenly received unexpected detective calls? Is law enforcement quietly reviewing your case? If you’re a target of investigation in Orange County, the time before formal charges are filed can be critical.
A pre-filing intervention is an initiative-taking, strategic legal approach that uses pre-charge advocacy to influence the decision of the prosecutor during the DA filing review. In many cases, this can form part of a comprehensive surrender strategy that resolves a case before a criminal complaint is ever filed.
In Orange County, the prosecuting agency is the Orange County District Attorney’s Office (OCDA) under current leadership. The OCDA reviews thousands of cases each year submitted by police agencies. For example, in recent reporting cycles the OCDA reviewed over 54,000 misdemeanor matters and more than 18,000 felony matters submitted for potential filing — yet not all of those resulted in a formal charge. Pre-filing intervention provides a unique window of opportunity to influence a review in your favor.
What We Do Right Away
The moment you suspect you might be under scrutiny — or once law enforcement has contacted you — it’s time for strategic action. The first guiding principle is no self-incrimination. Speaking with detectives or responding to calls without legal representation can inadvertently jeopardize your case. Instead, keeping all communications through counsel protects your rights and allows your defense team to coordinate information.
Once retained, your lawyer immediately begins collecting and organizing relevant information: an evidence packet with surveillance video, witness statements, documents, digital records, or other important materials. This is often essential as law enforcement or prosecutors may rely on preliminary reports or incomplete records.
Next, your attorney identifies mitigating factors such as your personal background, lack of prior criminal history, the context surrounding the allegations, or any circumstances (e.g., mental health, substance-use, gray-area intent) that might persuade the prosecutor the charges are unwarranted or should be reduced.
When appropriate, attorneys will engage experts like private investigators, forensic specialists, or other professionals to review the facts, challenge investigative assumptions, or uncover exculpatory evidence.
The goal is to present a compelling, well-documented argument to the prosecution before formal charges are filed: to shift the narrative away from accusation to reasonable doubt or no viable case.
Possible Outcomes
While each case is unique, data suggests a significant portion of cases submitted for filing get declined or diverted. According to community-watchdog reports, many low-level offenses in past years filed by OCDA were candidates for pre-filing diversion or declination.
Pre-filing intervention in Orange County often leads to more favorable outcomes than waiting for formal charges. This includes:
- Rejection of filing | After reviewing the evidence (including materials provided by your attorney), the prosecutor may decide there is insufficient support for criminal charges and decline to proceed.
- Reduced counts | If charges are filed, they may be downgraded or limited in scope, reflecting a more appropriate resolution given the evidence.
- Cite and release | For minor or low-level offenses, the case may be handled through a citation or summons rather than arrest, avoiding detainment and formal booking.
- Diversion offer | Especially in cases involving non-violent or low-level offenses, the OCDA has the discretion to divert eligible individuals into treatment, counseling, or community-service programs. Notably, in 2022 the OCDA launched a county-wide “pre-filing diversion” pilot program to connect low-level offenders with treatment or social-service resources instead of filing charges.
- No arrest warrant | A successful intervention can prevent the issuance of an arrest warrant, protecting your freedom, your job, and your reputation.
Why Local Expertise Matters
Working with an experienced Orange County law firm, familiar not only with state law but also with local OCDA practices, gives you a distinct advantage. Local counsel understands the local prosecutor’s thresholds for filing, the typical caseload and backlog, and the community-based diversion programs now available under OCDA initiatives. When a law firm knows which Deputy District Attorney’s office may receive your case, and understands the county’s pre-filing diversion policy history, they can tailor your arguments for maximum effect.
Act Early. Contact Us
If you believe you are under investigation, have received detective calls, or there’s a risk that law enforcement may submit a case for filing, time is urgent. Pre-filing intervention can only work before formal charges are filed. But with the right strategy, local knowledge, and early action, you have a real opportunity to protect your future.
Contact us today to discuss your options, preserve your rights, and pursue the best path forward.
