CHRIS BROWN ARREST: WILL HIS PAST HAUNT HIM IN THE CURRENT INVESTIGATION?

The process of pre-filing intervention allows an accused to have his defense team present evidence to the prosecutor's office before criminal charges are filed. While some media accounts make criminal arrests appear open and shut (i.e. Chris Brown is guilty), only after the District Attorney reviews the police reports, witness accounts, physical evidence, and the defense offers its version of the facts, will there be a formal decision made on the filing of criminal charges by the prosecution. At Eisner Gorin, my law partner and I have caused numerous arrests to not result in a formal charging document in court. This is a big win for the arrestee as under California law the arrest turns into a "detention" only for purposes of future reporting. However, an accused with a criminal record is more likely to face criminal charges despite defense pre-filing intervention efforts. Recently I discussed the new arrest and Chris Brown's past criminal record with the LA Times.