A felony charge can be a heavy situation. Aside from facing jail time and fines, you also face long-term loss of civil rights. While this case may feel final, the legal system provides critical points where courts can dismiss or reduce a case before it reaches a trial.
Because the actions you take are pivotal for your future, it is important to understand what you should and should not do.
Invoking your right to silence and counsel
As soon as law enforcement confronts you, your most powerful right is the right to silence and counsel. While you may feel an urgent need to explain your side or clear a misunderstanding, anything you say can become evidence against you.
Politely inform officers that you are exercising your Fifth Amendment rights and will not answer questions without an attorney present.
Contacting an attorney
While you can face trial without an attorney, it can be a risky choice. Going to court without the right legal approach can undermine your defense before the case even begins.
A criminal defense attorney can help you find evidence that the police might have missed or ignored. If the evidence is strong, they can negotiate a plea bargain that may involve pleading to a lesser charge in exchange for probation or a shorter sentence. Additionally, an attorney can develop a defense to help you avoid the severe strikes under California’s Three Strikes Law.
Refraining from sharing details about the arrest
The emotional turmoil you feel after an arrest can push you to reach out to your loved ones for support. While seeking support is natural, discussing case details is risky.
Communications with your attorney and your spouse are protected by privilege. This does not apply to discussions with your friends and relatives, which means that the prosecution can subpoena that person and force them to testify against you.
Building a strategy for resolution
A felony charge is a heavy burden to carry alone, but it does not have to define your life. Whether you are facing a wobbler offense or a more severe allegation, there are paths to a resolution. Navigating these complexities requires a steady hand and deep legal insight. Seeking legal counsel is the most important step you can take today.