Few things are more frightening than being accused of a crime. Whether you are facing a minor misdemeanor or a serious felony charge, the actions you take in the hours and days following an accusation can dramatically affect the outcome of your case.
Here is what you need to know to protect your rights and your future.
Stay Calm and Think Clearly
Your first instinct may be to panic, argue, or try to explain yourself. Resist this urge. Emotional reactions can lead to statements or actions that hurt your case later. Remember that an accusation is not a conviction.
Exercise Your Right to Remain Silent
You have the right to remain silent under the Fifth Amendment, and you should use it. Politely but firmly tell officers that you are choosing to remain silent and that you want to speak with an attorney. Many people believe they can talk their way out of trouble—in reality, anything you say can be twisted and used against you in court.
Do Not Resist Arrest
If police are placing you under arrest, do not physically resist, even if you believe the arrest is unjust. Resisting can result in additional charges. Your lawyer can challenge an unlawful arrest later.
Request an Attorney Immediately
As soon as you are able, clearly state: "I want to speak with an attorney." Once you invoke this right, police are required to stop questioning you until your lawyer is present.
Do Not Discuss Your Case
Avoid discussing your case with anyone except your attorney. This includes friends, family, cellmates, and social media. Assume that any communication outside your attorney-client relationship is not protected.
Know What Is at Stake
A criminal conviction affects far more than your immediate freedom. Consequences can include jail time, fines, probation, loss of professional licenses, difficulty finding employment, immigration consequences, and more.
Build Your Defense Early
The prosecution begins building their case immediately. Your defense should start just as quickly. Evidence can disappear, witnesses' memories fade, and surveillance footage gets overwritten.
If you are facing criminal charges in California, contact us today for a free, confidential consultation. We are available 24/7.