The criminal justice system is built on the principle of fairness. In theory, both sides—the prosecution and the defense—should be given equal opportunity to present their case. In reality, that balance is too often tilted before the case even begins. One critical failure in this system is the widespread refusal of prosecutors and detectives to consider a defendant’s side of the story before filing charges.
I recently handled a case in Los Angeles that highlighted what should happen—and how rare that is.
My client had been arrested for assault with a deadly weapon. Based solely on the arrest and the initial police report, criminal charges seemed inevitable. That’s how these cases usually play out. The prosecutor's office receives a report, reads it in a vacuum, and files charges without ever hearing from the accused or their counsel. Many times they don't even review all of their own evidence. I have handled countless cases that were on video that was not obtained or watched by the filing prosecutor.
But this case was different.
Surprise number one was that the detective responded to my outreach. Not just with a perfunctory reply—he engaged. He listened. He gave me access to the police report. He reviewed the evidence I submitted and even provided a link to ensure it was properly included in the investigative file and unable to be ignored by a filer. In short, he created space for the defense before the filing decision. And it mattered. After reviewing everything, the prosecutor declined to file charges. Kudos to them as well.
My client never had to set foot in a courtroom. No criminal complaint. No public record. No risk of a case being dismissed only after months of financial strain and reputational damage. His arrest, under California law, is now eligible for permanent sealing.
That outcome was not the result of luck. It happened because one detective chose to do the job fully and fairly.
Unfortunately, this is the exception. Most of the time, defense attorneys are ignored. Emails to detectives go unanswered. Memorandums and mitigation get lost in the ether. Filing prosecutors often if not always rely entirely on a one-sided narrative. The system favors speed and volume over thoroughness. And it shows.
We hear the usual excuses—too many cases, not enough staff, not enough time. But as a former prosecutor, I know this: prosecutors take an oath. That oath doesn’t dissolve under workload pressure. It doesn’t say, “Only pursue justice when convenient.” It says, “Do justice.” That includes hearing both sides when liberty is at stake.
A criminal filing is not a minor event. Even if the charges are dismissed later, the damage is done. The accusation alone can cost someone their job, their reputation, and their peace of mind. And yet many prosecutors treat that moment—the decision to file—as a formality rather than a fulcrum of someone’s future.
We are flooding courts with cases that shouldn’t exist. Many could be resolved—or prevented entirely—with a single phone call or a simple read-through of defense-provided evidence. Ignoring that opportunity isn’t just lazy. It’s a systemic failure.
To the detectives and prosecutors who take the time to hear us: thank you. You are doing your jobs. To those who don’t: ask yourself why you’re in this line of work. If you’ve stopped caring about fairness before charges are filed, you’ve stopped serving justice.