Can Hiring a Lawyer Stop Charges from Being Filed in North Carolina?

You just got that call. The police want to talk. Your stomach drops. Your mind races.

Will they arrest me? Am I going to jail? Will this destroy everything I’ve worked for?

Here’s what most people don’t realize: the window between investigation and formal charges is your best opportunity to fight back. Once charges are filed, you’re already playing defense. But if you act fast—before prosecutors make their decision—an experienced criminal defense attorney may be able to stop charges from ever being filed.

Time is everything here. Every hour you wait is an hour prosecutors use to build their case against you.

What It Means When Police Are “Building a Case”

Before formal charges are filed in North Carolina, police and prosecutors work together during what’s called the pre-charge investigation phase. This is when they:

• Collect witness statements
• Gather physical evidence
• Review surveillance footage
• Interview suspects and persons of interest
• Present their findings to the District Attorney’s office

Here’s the critical part: Prosecutors have discretion over whether to file charges. They’re not required to prosecute every case that crosses their desk. If the evidence is weak, if there are legal problems with how it was obtained, or if there are compelling reasons not to proceed—they may choose not to file charges at all.

This is where an experienced North Carolina criminal defense attorney can make the difference between walking away free and facing years in prison.

How a Defense Attorney Can Stop Criminal Charges

Challenge the Evidence Before It’s Set in Stone

Police investigations aren’t perfect. Evidence gets mishandled. Witnesses give conflicting statements. Constitutional rights get violated during searches and seizures.

A skilled defense attorney can identify these problems early and present them to prosecutors before charges are filed. When prosecutors see their case has serious flaws, they’re much more likely to abandon it entirely rather than risk losing at trial.

Present Your Side of the Story Properly

Never try to explain yourself to the police without an attorney present. Everything you say will be used against you—even if you think you’re helping your case.

Your attorney can communicate with prosecutors on your behalf, presenting mitigating circumstances, evidence of your good character, or alternative explanations for the events in question. This is strategic advocacy, not the panic-driven explanations that usually make things worse.

Negotiate Alternative Resolutions

Sometimes prosecutors will agree to dismiss potential charges in exchange for restitution, community service, or participation in counseling programs. These pre-charge diversion agreements keep you out of the criminal justice system entirely—no arrest, no charges, no criminal record.

File Motions to Suppress Evidence

If police violated your Fourth Amendment rights during searches, seized evidence illegally, or failed to read your Miranda rights properly, your attorney can file motions to exclude that evidence. Without evidence, prosecutors often can’t proceed with charges.

What Charges Can Be Stopped Before Filing?

Defense attorneys have successfully prevented charges in cases involving:

• Assault charges based on self-defense or weak witness testimony
• Theft and property crimes where ownership was disputed or evidence was insufficient
• Drug possession charges where searches violated Fourth Amendment rights
• Domestic violence allegations lacking corroborating evidence
• White collar crimes where intent cannot be proven
• Sex crime allegations based solely on uncorroborated accusations

The key is acting before prosecutors commit to filing charges. Once they’ve publicly filed, backing down becomes much harder—even when the evidence is weak.

The North Carolina Pre-Charge Process

In North Carolina, most felony cases require prosecutors to present evidence to a grand jury or obtain a warrant from a magistrate. This process gives your attorney time to intervene.

For misdemeanor charges, magistrates or law enforcement can file charges directly. But even then, prosecutors ultimately decide whether to proceed.

Your attorney can contact the appropriate District Attorney’s office in Wake County and other surrounding counties where your case is being investigated to present evidence and arguments against prosecution.

What to Do Right Now

Here’s what you do if police want to question you or you know you’re under investigation:

Stop talking to the police immediately. Nothing you say will help you—it will only give them more evidence to use against you.

Hire an experienced North Carolina criminal defense attorney today. Every day you wait is another day prosecutors use to build their case.

Gather any evidence that supports your innocence—text messages, emails, receipts, witness contact information. Your attorney will know how to use this strategically.

Don’t discuss your case with anyone except your attorney. Conversations with friends, family, or coworkers can be subpoenaed and used against you.

Act fast. Pre-charge intervention only works if you move quickly. Once charges are filed, your options become much more limited and expensive.

Why Early Intervention Works

Prosecutors are practical. They don’t want to file charges they can’t win. They don’t want to waste court resources on weak cases. If your attorney can show them their case has problems, they’d rather drop it than lose at trial.

This is especially true in North Carolina, where District Attorneys’ offices handle thousands of cases. They prioritize cases they can win easily. Make your case difficult, and it may disappear entirely.

But this strategy only works before formal charges are filed. Once you’re officially charged, prosecutors have made a public commitment. Backing down becomes a matter of professional pride, not just legal strategy.

Your Next Step

Time is everything here. Right now, while you’re reading this, investigators may be interviewing witnesses, gathering evidence, and building their case against you.

We’re not just lawyers—we’re your line of defense. We know how North Carolina prosecutors think. We know how to challenge evidence before charges are filed. We know how to present your case in the best possible light.

At DeMent Askew Johnson & Marshall, we’ve helped hundreds of North Carolina residents avoid criminal charges entirely through strategic pre-charge intervention. We know there’s a right way and wrong way to handle these situations.

Don’t wait until it’s too late. The consultation is confidential. There’s no obligation. But there is everything to gain—and everything to lose.

Call us today. Let us help you take control of your situation before charges destroy your future.