Being charged with a crime can be challenging, but remember that you can navigate this situation successfully. Regardless of whether it is a minor infraction or a serious felony. You can take positive steps to manage the emotional stress and uncertainty. Stay calm and approach each decision strategically. Reach out to trusted friends or family members. Seek support from a mental health professional to help guide you through this process with confidence and resilience.
At Help Yourself Law Firm, we offer invaluable assistance by reviewing, evaluating, and discussing your case with you. We can analyze the evidence you provide, such as police reports and witness statements. Let us explain the intricacies of criminal litigation and guide you on how best to present your case in court.
This article provides clear, actionable steps to take after being charged with a crime. Protect your rights and build the strongest possible defense.
Understand What “Being Charged” Actually Means
Many people use the terms “arrested” and “charged” interchangeably, but they represent different stages of the criminal charge process. An investigation occurs when law enforcement gathers evidence to determine if a crime was committed. An arrest involves being taken into custody, often after a “seizure” by force or a show of authority.
However, a formal charge is a legal allegation filed by a prosecutor, not the police, which states that you violated a specific criminal statute or ordinance. If you just got charged with a crime, you need to know which jurisdiction you are in:
- Misdemeanors: These are less serious crimes, which can range from simple assault to reckless driving. They often carry jail terms of less than one year, where you may even end up paying a fine but not receive any imprisonment or jail time at all.
- Felonies: These are the most serious offenses, such as murder or robbery which can be punishable by more than one year in a state or federal prison.
- State vs. Federal: State charges involve violations of state law and are heard in state courts. Federal charges involve violations of the federal laws (such as certain drug offenses, immigration related offenses, crimes on federal property or involving federal officials) and require a grand jury indictment.
Step 1: Stay Silent — Exercise Your Right to Remain Silent
The most critical rule to follow when considering how to respond to criminal charges is to remain silent. Under the Miranda v. Arizona ruling, if you are under arrest then you must be informed by police that you have the right to remain silent, that any statement you make can be used against you and that you have the right to have a lawyer present.
To properly invoke your Miranda rights, you should clearly state to officers that you wish to remain silent. Rights after arrest include the ability to stop answering questions at any time, even if you started speaking initially.
Avoid explaining your side of the story to police, investigators, or witnesses, as voluntary statements can be used against you. Furthermore, avoid posting about your case on social media. These posts are discoverable and frequently used as evidence by prosecutors.
Advice from Help Yourself Law Firm: Police often use “small talk” to lower your guard before an interrogation. Do not discuss your job, your family, or your day with officers. Politely repeat your request for a lawyer and then stop talking entirely.
Step 2: Contact a Criminal Defense Attorney Immediately
When choosing an attorney, if possible, look for someone experienced with what you believe you are being stopped for (i.e., if you believe that you are being stopped on suspicion of driving under the influence of alcohol then try to contact a DUI lawyer). Attorney-client privilege ensures that your communications with your lawyer remain confidential. It allows you to be completely transparent with your lawyer, so that your lawyer can build the best possible defense for you based on the facts of your case. You have a right to counsel at all stages of the proceedings.
Not everyone can afford to hire their own lawyer. You can request a public defender at your first court appearance (arraignment). You may need to complete a financial affidavit detailing your income and assets. Eligibility for a public defender varies by jurisdiction. It generally requires that you meet certain low-income guidelines as determined by the court.
Advice from Help Yourself Law Firm: When you first meet with counsel, bring a written timeline of events. Being organized from day one allows your attorney to focus more on your legal strategy rather than fact-finding.
Step 3: Understand the Bail and Bond Process
After an arrest, a judge or magistrate will typically set bail. This is a financial guarantee that you will return for future court dates. In most cases, the bail hearing takes place within 24 to 48 hours after your arrest. You can expect that decision fairly quickly. Factors a judge considers include the severity of the offense, your criminal history, and the likelihood you will flee.
- Release on Your Own Recognizance (ROR): Release based on a written promise to return, without paying money.
- Cash Bail: The full amount is paid directly to the court.
- Surety Bond: A bond posted by a bail bondsman for a fee (usually 10%). When you cannot afford the full bail amount. In some serious cases, a prosecutor may seek to have the accused held in custody without bail such as where the accused poses a danger to the community.
Advice from Help Yourself Law Firm: Some bail is set too high. Your attorney can file a motion for a bail reduction hearing. Evidence of community and family ties, and steady employment may help to reduce your bail.
Step 4: Preserve and Gather Evidence
While your memory is fresh, document everything you remember about the incident and your interaction with the police.
- Digital Evidence: Save all relevant text messages, emails, photos, and social media records.
- Physical Evidence: Keep receipts or clothing that may be relevant to your location or actions.
- Witnesses: Write down the names and contact information of anyone who saw what happened. Crucially, do not tamper with or destroy any evidence. This can lead to additional charges, such as obstruction of justice. Hand all gathered materials directly to your attorney.
Advice from Help Yourself Law Firm: Create a secure, private digital folder for these documents. Never share this folder with friends or family. Only the materials shared directly with your legal team are protected by attorney-client privilege.
Step 5: Understand the Criminal Court Process Ahead
The legal journey typically follows several distinct stages:
Arraignment
Your first court appearance, where you are formally told of the charges. You enter a plea (usually “guilty” or “not guilty”). Entering a not guilty plea is generally the preferred option since you and your lawyer have the opportunity to review the evidence to determine whether you want to attempt to obtain a plea or proceed to trial.
Discovery and Motions
The pretrial process in which your defense team demands evidence from the prosecutor. They may file motions such as motion to suppress evidence obtained in violation of your rights.
Plea Bargaining
An agreement where you plead guilty to a lesser charge in exchange for a more lenient sentence.
Trial
If the charges are not dismissed or no plea agreement is reached, a jury or judge (in a bench trial) will hear the evidence and determine if the government has proven the charges beyond a reasonable doubt.
Sentencing
If convicted, the judge will determine the punishment based on the applicable sentencing guidelines which includes a consideration of the mitigating and aggravating factors found in your case.
Advice from Help Yourself Law Firm: Discovery is often the most important phase. We meticulously review the evidence in your case to identify any defenses that can lead to a dismissal or an acceptable plea deal on your criminal charges. We identify inconsistencies that can be used to seek a dismissal or a better plea deal.
Step 6: Protect Your Personal and Professional Life
A criminal charge can have ripples beyond the courtroom.
Employment
Depending on your contract and local laws, you may need to determine when and how to notify your employer.
Professional Licenses
Nurses, teachers, and contractors may face disciplinary action from licensing boards.
Family Law
Charges can impact child custody or family court proceedings.
Immigration
For non-citizens, certain criminal charges can lead to deportation or removal proceedings. It is crucial to consult with an experienced immigration attorney immediately after being charged.
Even minor charges can have severe and permanent immigration consequences. Quick action and specialized legal guidance are essential to protect your status and future in the United States.
Advice from Help Yourself Law Firm: We strongly urge you not to speak with your employer or licensing board. You can consult us first. Cases where “explaining your side” to a boss or board was later used as an admission of guilt in court. We will help you navigate these professional communications to protect your career without compromising your defense.
Washington State Criminal Law Specifics
If you are charged in Washington State, there are unique rules and classifications you must navigate:
Felony Classes
Washington divides felonies into classes A, B, and C. The Sentencing Reform Act governs these punishments, setting specific ranges for judges to follow.
Misdemeanors
If you are charged with a misdeameanor, then you face up to one year in jail and/or a fine up to $5000 for a gross misdemeanor and up to 90 days in jail and/or a fine up to $1000 for a simple misdemeanor.
Prompt Appearance
Washington law requires you to be brought before a judge for a probable cause determination.
Speedy Trial Rights
In Washington, if you are held in custody, your trial must occur within 60 days of arraignment if you are in custody and within 60 days of arraignment if you are out of custody.
First Offender Waivers
For certain nonviolent crimes, first-time offenders may be eligible for special sentencing considerations or dispositions. They do not result in a permanent criminal record.
Conclusion
Navigating a criminal charge is a complex, high-stakes process that demands a strategic, informed response. Determining what to do after being charged with a crime begins with understanding what a formal charge is. It is a legal allegation filed by a prosecutor, distinct from an investigation or an arrest. Whether you were charged with a misdemeanor or a felony, the criminal charging process is governed by strict procedural rules.
We Empower You to Fight Back — Call Help Yourself Law Firm Today!
Contact Help Yourself Law Firm today for a consultation. We provide comprehensive criminal defense consultation and advice services for misdemeanor cases.
We also offer nationwide lawyer referral services to connect you with qualified defense attorneys. Let us help you understand how to respond to criminal charges. Fight for the best possible outcome in your case.
Frequently Asked Questions
Can charges be dropped before going to court?
Yes. Charges can be dropped if a prosecutor determines there is legally insufficient evidence. Also, charges can be dismissed if a defense attorney successfully argues a motion to dismiss before a trial begins.
What is the difference between a charge and a conviction?
A charge is a formal legal accusation filed by the government through an “information,” “complaint,” or “grand jury indictment” stating that you have committed a crime. A conviction only occurs if you choose to plead guilty during a plea or are found guilty at trial by proof beyond a reasonable doubt.
Will a criminal charge show up on a background check?
Yes, your charges may show up in a background check. Even if you are not convicted, the record of the arrest and the initial charge may still appear. They can be on certain types of background checks, depending on state law. However, some states allow you to expunge or seal records after a certain passage of time. If your charges were dropped or you were found not guilty, ask your attorney what your options are for keeping your record clean.
Do I need a lawyer if I am innocent?
Absolutely. Just because you believe that you did not commit a crime does not exempt you from criminal law proceedings which are quite complex to the layperson. An attorney is vital to ensure that your rights are fully protected and your receive a competent defense. The “presumption of innocence“ is strictly maintained throughout every stage of the criminal proceedings.