What To Do If You Have Been Accused Of A Crime
If you have been accused of a crime, the time to start thinking about getting legal help is now. Know your rights, your options, and speak to a lawyer to get advice on how to proceed. Instead of standing by just waiting to see what happens - being proactive can help you achieve the best result possible in your case and keep your record clear. It is never too early to get professional advice.
If you are in this situation, you can schedule a free consultation here, or read on below for more information.
WHAT HAPPENS IF I AM ACCUSED OF A CRIME?
There are several phases to the criminal process.
The criminal process starts with an accusation. Once law enforcement are contacted they will conduct an investigation. After they complete that investigation, they will submit the findings to the district attorney who will decide whether or not to file charges against you. If those charges are filed then you will be brought to court to answer for the charges.
When should I call an attorney?
In general, the sooner the better. The sooner you get advice, the better you can prevent yourself from unknowingly causing any damage to your case; you can also find out what proactive steps you can begin taking immediately to help your case. We believe it is never too early to speak to an attorney, which is why our consultations are free. That way you can have a professional assess your specific situation and help you decide if it is time to bring an attorney on board to start fighting for you.
WHAT HAPPENS IF THE PERSON WHO ACCUSED ME OF A CRIME HAS CHANGED THEIR MIND?
Alleged victims often recant, change their mind, or change their story - here’s what that means for your case.
Once law enforcement has become involved, you cannot un-ring that bell. Even if the reporting party or alleged victim changes their mind or story, law enforcement can still arrest you or cite you, starting the criminal process against you. Many of our clients’ friends or families have called law enforcement for assistance with something - not to have someone arrested; but the end result is that their loved one is taken into custody. Law enforcement can do this even if the reporting party does not want them to.
What if the alleged victim no longer wants to press charges against me?
This is a question that clients ask a lot. The alleged victim is not the person “pressing charges” against you, the government is. What happens here is this - first, law enforcement arrests or cites you with a crime. Next, the district attorney decides whether or not to charge you with a crime. Both of these things can proceed against the alleged victim’s wishes. The district attorney is the only person who can “drop the charges” against you - but we can help you make that possible.
If the alleged victim is recanting or wants to change their story, does that help my case?
Sometimes in the heat of the moment a reporting party may be confused when they make their statement, or even make exaggerations or be untruthful. It is not uncommon for victims to change or recant their statements. It can be helpful for your case, especially if that person is the only witness to the crime. However, be aware that tampering with a witness or discouraging their testimony is a crime. So, speak to an attorney about whether this could help your case, never speak directly about this to a witness or victim to protect yourself from facing additional charges.
WHAT CAN AN ATTORNEY DO FOR ME, IF I HAVEN’T BEEN CHARGED WITH A CRIME YET?
We can give you crucial advice.
Firstly, we can tell you if what happened was criminal, and what the next steps will be. We can also help you in the early stages to mitigate any potential damage to your case. In some cases, we can tell you steps that can be taken now to set your case up for success. We will be available for you to protect you, and advise you at every stage.
We will handle law enforcement so that you don’t have to.
If law enforcement wants to speak with you - never go it alone, you don’t have to. We can help. If law enforcement wants you to speak with you, it is time to get an attorney involved. We can help you determine if there is any value in speaking to police; and if there is we can accompany you, or make those statements on your behalf. In some cases, working with law enforcement to get them on your side can help your case - but never try this without an attorney.
If law enforcement is wanting to speak with you - read more here
The most important thing we can do for you is stop the charges from ever being filed.
Early intervention in your case can get you the best results. We can fight at every level to stop your case from going any farther. We can argue your case with law enforcement, and give them important information to shed light on your side of the story. We can negotiate with the district attorney to stop them from filing criminal charges against you, or in the alternative to file lesser charges to set you up for success.
What happens if no charges are filed against me?
That is goal #1 and the best case scenario. If no charges are filed against you, then it never goes on your criminal record, and you can walk away with a clean background.
