Pretrial Intervention – Is It Right for You?

It would be a mistake to look at pretrial intervention as a “One Size Fits All” program. Once a person has been arrested, AFTER a matter of weeks (generally), their arrest report and supporting documents will be sent to the District Attorney’s Office. The arrest report contains the arresting police officer’s version of the facts surrounding the arrest. In other words, just the police officer’s side of the story.

At this point, the District Attorney might offer pretrial intervention to the defendant. Should the defendant accept this officer without consulting an attorney? Almost always, the answer is a resounding “NO.” The District Attorney cannot advise of any defenses that are available. The District Attorney does not ever know the defendant’s side of the story.

It is always in the defendant’s best interest to have someone who is looking out for the defendant’s interest to consult with before making this decision. Do the smart thing. Consult an experienced criminal defense attorney before deciding if such a program is in your best interest.

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