Not Charged Yet? Talk to a Lawyer First The best time to call is before charges are filed.

Signs charges may be coming

Most people don’t get a warning that says “charges are coming.” These are the signs I hear about most:

• A detective called, texted, or left a card asking you to come in and “give your side.”
• You were arrested and released without a court date.
• Police served a search warrant at your home, car, or work, or took your phone.
• You got a letter from the district attorney’s office.
• Police have been talking to people you know about something you were part of.

Being released without a court date doesn’t mean the case is over. Police can send their reports to the DA, and the DA can decide to file charges weeks or months later.

Why this window matters

Before charges are filed, two decisions are still open. The detective decides what charges, if any, to recommend. The DA decides what charges, if any, to file, and that decision matters most. It’s usually easier to keep a charge from being filed, or to get a less serious one filed instead, than to get it dismissed or reduced later.

What not to do

• Don’t talk to the detective. Police often aren’t trying to clear up a misunderstanding; they’re gathering ammunition. A friendly call is still an interview. This is the most common mistake I see: people admit things, or tell a story that falls apart when police check it. Sometimes police don’t have enough until the person hands them the missing piece.
• Don’t talk about what did or didn’t happen, with anyone. “Talk to no one” isn’t realistic when you need to tell the people you love what’s going on. So here’s the line I give my clients: you can say there’s an investigation, that you have a lawyer, and what you hope happens. Leave out what did or didn’t happen.
• Don’t put anything in writing. Texts and messages are records police can get. Many crimes turn on what you knew at the time, which can be hard to prove. A text admitting you knew makes it easy.
• Stay off social media about it, and don’t reach out to anyone involved.
• Don’t ignore it. Hoping it goes away gives up time I could use.

If police contact you, politely say you want a lawyer and you don’t want to answer any questions. Then stop talking. Staying silent isn’t enough on its own; you have to say it.

What I do before charges are filed

I become the point of contact

I tell the detective I represent you and that you won’t be interviewed. From then on, I ask police to go through me, not you. If they reach out to you anyway, you don’t have to talk to them: tell them you have a lawyer, and call me.

I gather information and present it the right way

I preserve and review the evidence that matters: messages, photos, video, records. I gather anything that could help a decision maker see the case in your favor, and I take it to the detective and, more importantly, to the DA.

I line up favorable witnesses

I find the people whose accounts help you and get their statements. A statement from a witness, sometimes even the person police list as the victim, given freely in their own words, can be some of the most effective material for heading off charges, especially once the reports reach the DA.

I keep watch on the investigation

Detectives usually don’t say where things stand or when the reports are going to the DA. I check in and keep track. Getting the reports before charges is rare, but I try.

I plan for every scenario with you

Will there be a warrant or a court date? Could I be arrested, and where? Can I turn myself in, or bail myself out? I walk you through each one, so you have a plan for whatever happens. I also start your mitigation now, so it’s ready if charges come (more below).

On a close call, I try to stop charges altogether, with new information or by presenting the existing information the right way. When charges look likely, I work to make them lighter. Every case is different, and I can’t promise a result. But what you say to police can’t be taken back, and it’s much easier to protect you before you’ve said it.

One Sacramento point: this county handles a high volume of criminal cases, and a case that would stand out in a smaller courthouse is often just another Tuesday case here. Unless a case is in the news or someone is pushing hard for prosecution, part of my job can be keeping it from becoming a bigger deal than it is. That isn’t possible in every case.

Not a U.S. citizen? Tell me at the start. I plan around immigration consequences from day one.

Start your mitigation now

Mitigation is your side of the story: who you are, why it happened, and what you’ve done since. Usually, the earlier the better. Work you start before charges are filed often carries a little extra weight.

• Steps tied to the accusation. These often make a big difference. A favorite example: a person accused of evading police adopted the stretch of highway where part of the chase happened. Parenting classes on a child neglect accusation work the same way.
• Classes, counseling, and community service. What you do counts for more than what others say about you.
• Letters from people outside your family who know your work or your service.
• Your record and your job. No record and steady work show you’re a productive person who, at worst, made one mistake. That goes a long way.

Doing the work isn’t admitting guilt

Many people worry that a class looks like a confession. It doesn’t. I attack the case with every legal defense available and, at the same time, show you as someone who deserves some leniency. The DA usually believes something happened; my job is to show they’ll have trouble proving it, and that you’re worth a second chance.

Doing the work also doesn’t mean handing it over. If it’s better not to concede anything, you still do the work so it’s ready, and I hold it back until I think it will help. How the defense and your story fit together.

If a warrant issues

Some investigations end with a letter or a court date. But these days, especially on felonies, the Sacramento DA often gets an arrest warrant instead of setting a court date. Then the choice is to wait to be arrested or turn yourself in.

• Misdemeanors. It’s still very possible to schedule a hearing and get the warrant recalled, often without you there.
• Felonies. It’s much harder now to avoid going into custody, at least briefly. Sometimes a felony warrant can be quashed, and I look at that. When it can’t, I plan your surrender with you, so you go in on a day you choose instead of being arrested at home or at work. Felony warrants are handled at the Main Jail, 651 I Street.

Timing matters. Once you’re in custody, the law generally requires that you see a judge within 48 hours, not counting Sundays and holidays. In practice that usually means two nights in jail, so turning in on a Thursday or Friday can mean the whole weekend inside. I plan surrenders for Monday or Tuesday, and Wednesday only if needed.

The bail decision. You can post the full bail, which you get back at the end of the case if you make every court date (the court can first take out any fine or restitution). You can pay a bail bond company a fee, most commonly 10% of the bail, which you don’t get back; many bail companies offer a lower rate if you have a private attorney. Or you can wait for your first court date, where many people, especially first offenders on nonviolent charges, are released without bail. If it’s bail or a lawyer, I’m biased, but hire the lawyer. On serious charges, though, asking for release without bail can risk being held with no bail at all, and posting bail can be the safer choice. I’ll tell you which way I’d lean.

What it costs

I price pre-charge work by what I expect the DA to file: a misdemeanor or a felony. For most investigations, you pay half the fee now, and the rest only if charges are filed. It’s a flat fee, so you know the cost before you hire me. See my fees.

My phones are answered 24/7, and my answering service can book a free phone consultation with me, usually the same day. When you hire me, you get me. I don’t have associates or staff handing off your case.

Can they still charge me later?

Yes. Charges don’t have to be filed right away. The DA has a set amount of time to file, and how long depends on the charge. For most misdemeanors, it’s one year from the offense. For most felonies, it’s at least three years, and for the most serious crimes there’s no deadline at all. Some events can pause or extend the clock, and I’ll tell you what applies to you.

That waiting period is why early help matters. Never being charged is the best result for your record. Why a clean record matters.

Questions