What to do If I am being accused of a felony?

Richard Grant • May 24, 2022

Being accused of any crime is terrifying and confusing — stakes are even higher when it's a felony accusation. The situation gets more complicated if you're arrested. Most people accused of a felony find themselves in unfamiliar territory. Knowing what to do from the beginning can be the difference between losing years in prison or setting yourself up for the best possible outcome.


Stay Calm and Be Polite

Easier said than done, we know — especially if you believe you are innocent. Staying calm helps you on several fronts. First, an even temperament reduces the chances of extra charges like resisting arrest or assaulting a police officer.

Next, it helps your case toward innocence. Let’s face it — a combative person looks guilty. If you have anger enough to be confrontational with police, it may seem you have the temper to commit the crime you’re accused of. Avoid any threatening, insulting, or aggressive behavior.

Lastly, remaining calm allows you to hear and understand what’s happening. A clear head is better equipped to gather important information. Pay attention to who the arresting or interrogating officers are, what the accusation is, and whether you were read your Miranda rights. This data will help you and your attorney sort out the facts of what you’re facing.


Understand and Implement Your Right to Remain Silent

Loose lips sink ships — the less you say, the better. Though most people know they shouldn’t talk without an attorney present, many do anyway. Innocent people believe they can “clear things up,” while the guilty sometimes believe they can talk their way out of the situation. Neither is true once you’re in an interrogation room.

You will be asked questions. But no matter the tactic, you legally can, and absolutely should, remain quiet. Silence does not equal guilt. Whatever you say can and will be used against you later, even if you were confused or speaking off the cuff. No remark is a “throwaway.” The police will document everything you say, and your words can be misinterpreted.


Contact a Lawyer Immediately

You have a right to have a lawyer present before you say or do anything, whether you’ve been arrested or not. Law enforcement is there to solve a crime. A criminal defense attorney needs to be there to protect your rights. Never assume anything is off the record (even if you’re told it is) without a lawyer present.

It’s illegal to lie to law enforcement, but even the truth can land you in hot water if misconstrued. Ask to call a criminal defense attorney immediately and before answering any questions. If you don’t have the number of an attorney, call a trusted friend or family member to reach out on your behalf. Say nothing more than you’ve been arrested for a felony charge and need a criminal defense attorney. Anything else you say can be ammunition against you later.

Before you speak to a lawyer, do not:

  • Sign any document
  • Post bail
  • Give police names of other people to contact
  • Provide explanations or excuses
  • Agree to any “deal”
  • Point the finger at someone else
  • Speak to friends or family while in custody
  • Talk to other detainees about an arrest or charges
  • Delete any messages, voicemails, posts, or calls

Your lawyer will guide you through the next steps, what you can and can’t do, and what you should or shouldn’t say.


Be Truthful with Your Attorney

Your lawyer is the one person who can get you out of trouble or minimize the damage. Be transparent. Often, people hold back information for fear of it being used against them. Anything you disclose to your lawyer is protected by attorney/client privilege and remains confidential.

Whatever concerns you have, express them to your counsel. They will be able to assuage your fears and clear up any confusion you have about your legal relationship.

The more honest you are, the better your lawyer can represent throughout the felony criminal process. Be as accurate as possible. Don’t omit something because you think it might “look bad.”


Write It Down

Your attorney may ask you to write everything down that you remember leading up to your arrest. Do this as soon as possible, while facts are still fresh in your mind. Use your phone and calendar as triggers to remember specifics. No detail is too small if you think it’s related.

Include names and numbers of people who may have witnessed the crime or who can vouch for your whereabouts, but don’t reach out to them yourself. Your lawyer knows what to ask and how to ask it. Take your attorney’s advice relating to where to keep this written document.


Don’t Involve Friends and Family Members

With few to no exceptions, your conversations with friends and family are not protected like communication with your attorney is. They may be called in for questioning, and what you've disclosed to them is fair game. Remember, it’s illegal for them to lie to an officer of the court or law enforcement.

The people who love you will ask a million questions because they want to understand what’s happening. To keep them and yourself safe, say you can’t discuss anything about the arrest until it’s resolved. The more information you give them, the more likely you are to compromise your defense and damage important relationships.


Attend Every Required Court Date, Meeting, and Proceeding

Your attorney will work with you to create a calendar of events for which you need to be present. The law puts the burden on you to know where you’re supposed to be and when. One missed appointment or hearing could be devastating to your freedom and case.

Follow your agreed-upon strategy and allow your attorney to guide you through every step of the process. Failing to appear could result in loss of a bond and an issued arrest warrant with your name on it.


Trust in the Process

Felony charges are serious and can have lifelong consequences if not handled correctly. Once you have an experienced lawyer, it’s important to have reasonable expectations. The wheels of justice can turn slowly, but they will turn. Focus on your friends, family, and the positive things in your life — do not give up hope.


01 Apr, 2024
If you have a criminal record in California, you may be facing challenges when it comes to finding employment, housing, or even obtaining certain licenses. However, there is hope for those looking to clear their record through the process of expungement. While it is possible to attempt to file for expungement on your own, hiring an experienced expungement attorney can greatly increase your chances of success. In this blog post, we will explore the importance of hiring an expungement attorney in California and how they can help you navigate the complex legal system.  Understanding the Expungement Process: Expungement is the legal process of sealing or destroying criminal records so that they are no longer accessible to the public. This can provide individuals with a fresh start and help them move forward with their lives without being held back by past mistakes. However, the process of expungement can be complicated and confusing for those who are not familiar with the legal system. An expungement attorney can help guide you through each step of the process, from determining your eligibility to filing the necessary paperwork and representing you in court if needed. Knowledge of State Laws: Each state has its own laws and requirements when it comes to expungement, and California is no exception. Hiring an expungement attorney who is well-versed in California's specific laws and procedures can make a significant difference in your case. They will know what evidence is needed to support your petition for expungement and how to present your case in front of a judge effectively. Additionally, an experienced attorney will be aware of any recent changes in the law that could impact your case. Increased Chance of Success: While it is possible to file for expungement on your own, having legal representation greatly increases your chances of success. An attorney knows how to navigate the legal system efficiently and effectively, maximizing your chances of having your petition approved by a judge. They can also anticipate any potential challenges or objections from prosecutors or other parties involved in the case and help you address them proactively. Peace of Mind: Going through the process of expungement can be stressful and overwhelming, especially if you are unfamiliar with legal proceedings. By hiring an experienced expungement attorney, you can have peace of mind knowing that you have someone on your side who will advocate for your best interests every step of the way. Your attorney will handle all communication with courts, prosecutors, and other parties involved in your case so that you can focus on moving forward with your life. Cost-Effective Solution: While hiring an attorney may seem like an additional expense upfront, it can actually save you time and money in the long run. An experienced expungement attorney knows how to expedite the process and avoid costly mistakes that could delay or jeopardize your case. Additionally, having a clean criminal record can open up opportunities for better employment prospects or housing options that could ultimately improve your financial situation. Clearing your criminal record through expungement can have numerous benefits for individuals looking to move forward with their lives after past mistakes or convictions. Hiring an experienced expungement attorney in California is crucial for navigating this complex legal process successfully. With their knowledge of state laws, experience handling similar cases, increased chance of success, peace of mind assurance, and cost-effective solutions they provide - working with an attorney ensures that you have expert guidance every step along this journey towards a clean slate.
20 Feb, 2024
DUI Arrests: Should You Do Roadside Exercises or Provide a Breath Sample?
31 Jan, 2024
Shoplifting Charges in California: Understanding Felonies and Misdemeanors
16 Dec, 2023
Domestic violence is a serious problem in California. According to statistics, almost 40% of women in California have experienced physical and/or sexual violence from an intimate partner. Such violence affects not only the individuals involved but also has an impact on broader society. Domestic violence can lead to serious physical injury, emotional trauma, and even death. In this article, we’ll discuss what you should know about domestic violence, your legal options if you’re a victim of this kind of violence, and how an attorney can help you.  What is domestic violence? Domestic violence refers to several forms of abuse that occur within a domestic relationship. It includes physical, emotional, or sexual abuse between family members, intimate partners, or former partners. The abuse can involve hitting, punching, kicking, pushing, shoving, or using weapons against a victim. Emotional abuse can include manipulation, isolation, control, or ridicule. Similarly, sexual abuse is forcing a partner to have sex or participating in any sexual activity without their consent. Victims of domestic violence often experience fear, anxiety, and depression, and, in some cases, post-traumatic stress disorder (PTSD). What are your legal options if you're a victim of domestic violence? In California, a victim of domestic violence has several legal options. A restraining order is a court order that requires an abuser to stay away from a victim and to stop harassing or abusing them. The restraining order can be obtained on an emergency basis and is effective for up to five years. Additionally, if the abuse resulted in injury, a victim can press criminal charges against their abuser. In some cases, the abuser may face jail time, fines, or probation. Victims can also seek civil remedies, such as suing for damages, and receive compensation for their injuries. How can an attorney help me? An attorney experienced in domestic violence cases can be an invaluable resource for a victim. They can help a victim understand their legal options and navigate the complex legal system. They can also help file for and obtain a restraining order, assist with evidence gathering, and represent the victim in court. Additionally, an attorney can help a victim seek compensation for their injuries and damages, such as medical bills, lost wages, and pain and suffering. Consulting a domestic violence attorney is crucial to protecting a victim's rights and ending the cycle of abuse. Domestic violence is a serious problem that affects thousands of people in California. Victims of domestic violence have legal options that can help them seek protection, compensation, and justice. A restraining order, criminal charges, and civil remedies are among the legal avenues available to victims. Consulting an experienced attorney can help a victim navigate the legal system, understand their rights, and obtain the relief they need. Together, we can work to end the cycle of domestic violence and make California a safer place.
06 Nov, 2023
Assault vs Battery: Understanding the Difference and the Consequences
30 Oct, 2023
Probate is the legal process of distributing a decedent's assets to their heirs or beneficiaries after they pass away. This process is supervised by the court to ensure that everything is done according to the law and the decedent's wishes. In California, probate can be complicated, lengthy, and expensive. There are different types of probate litigation cases that may arise during the process. In this blog post, we will take a closer look at probate, probate litigation, and how an attorney can help.  Understanding Probate Probate is the legal process of administering a decedent's estate by distributing their assets to their beneficiaries or heirs. This process is supervised by the court to ensure that everything is done according to the law and the decedent's wishes. The probate process varies depending on the size and complexity of the estate, the decedent's will, and the beneficiaries or heirs involved. In California, probate can take anywhere from nine months to several years to complete and can cost thousands of dollars in legal fees. Understanding Probate Litigation Probate litigation is a legal dispute that occurs during probate when a person challenges the validity of the decedent's will, the capacity of the decedent to make a will, or the administration of the estate. There are several types of probate litigation cases that may arise, including will contests, trust contests, breach of fiduciary duty claims, and accountings. These cases can be complex and time-consuming, and they often require the assistance of an experienced probate litigation attorney. How Can an Attorney Help? An experienced probate litigation attorney can help you navigate the complex and often emotional process of probate litigation. They can provide legal advice, represent you in court, and help you protect your rights and interests. Hiring an attorney from the outset can help you avoid costly mistakes, ensure that the process runs smoothly, and reduce the risk of litigation. If you are involved in a probate litigation case, it is essential to hire an attorney who has experience in this area of law. Probate can be a complicated and lengthy process, especially in California. When disputes arise during probate, it can make the process even more challenging. Understanding probate and probate litigation is essential to ensure that everything is done according to the law and the decedent's wishes. Hiring an experienced probate litigation attorney can help you navigate the complex legal process, protect your rights and interests, and help you achieve a favorable outcome. If you are involved in a probate litigation case, do not hesitate to seek legal advice and representation from a skilled and knowledgeable attorney.
By Richard Grant 31 Aug, 2023
Divorce can be a complex and difficult process, especially when it comes to the property division and support decisions. Every state has its own unique set of laws and rules that dictate how a court will handle these issues during a divorce proceeding. If you're going through a divorce in California, it's important to understand the factors that a court will consider when making decisions about property division, alimony, and child support. In this post, we'll explore the key factors that California courts typically consider during a divorce, so that you can be better prepared and informed.  1. The length of the marriage - The duration of a couple's marriage is a crucial factor that helps a court determine how to divide assets and debts. Generally, if the couple was married for a long time, the court will be more likely to award a larger share of the assets to the partner who earns less or stayed at home to take care of the family. 2. The income and earning capacity of each spouse - The court will examine the income and earning capacity of both spouses to decide how to divide assets and debts. The partner who earns more money will usually be required to pay alimony or spousal support to the other partner. 3. The standard of living during the marriage - The court will also consider the standard of living of the couple during the marriage when making decisions about property division and support. If the couple lived a high-quality lifestyle, the court will likely award them a larger share of the assets. 4. The age and health of each spouse - The age and health of the spouses are also important factors when determining the amount and duration of alimony. If a spouse has significant health issues, they may be entitled to a more substantial share of assets or support. 5. The willingness and ability of each spouse to support the other - The court will consider the ability and willingness of each spouse to provide support to the other. For instance, if one spouse had made career sacrifices to raise the children, the court may award them more in property division or support payments. Going through a divorce can be a difficult and emotional process. When navigating the complexities of divorce, it's important to be aware of the factors that a court will consider during the legal proceedings, especially in California. By understanding these factors, you can better understand the decisions that the court is likely to make and be better prepared to make your case effectively. Remember, it's essential to work with a knowledgeable lawyer who can best represent your interests and help you through this challenging time. With the right support, you can get through divorce and move forward to a brighter future.
04 Jul, 2023
How Long Will a DUI Stay on My Record in California?
18 May, 2023
Understanding Misdemeanors in California: Everything You Need to Know
26 Apr, 2023
Understanding California Weapon Charges
More Posts
Share by: