If you’ve been arrested for a crime but have not yet been charged with a crime, you may be anxious and worried about what happens next. The anxiety of impending charges can be terrifying and overwhelming. Your fear is justified.
Many individuals who are arrested for suspicion of a crime are initially let go because the prosecution felt it did not (yet) have sufficient evidence to pursue charges, only to be re-arrested several days, weeks, months or even years later. You may feel helpless that there is nothing you can do but sit and wait for the inevitable. There’s hope.
We are experienced Los Angeles criminal defense lawyers and have over 60 combined years of experience providing prefiling investigations. Robert Ernenwein is certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization. He has been selected for inclusion in California Super Lawyers for several years and has appeared as a legal analyst on multiple cable news programs, including Fox News. These credentials and experience help us do all we can to seek a positive outcome for you.
That’s why it is important to hire an attorney to monitor the filing of your case and intervene early to try and prevent the filing of charges.
I’ve been arrested of a crime, but I haven’t been charged yet. What happens next?
Many people believe that nothing will happen after their release and that they can go about their lives, but they are wrong. The fact that you have been arrested but let go is no guarantee that you will not be re-arrested and prosecuted. In fact, during the time that you are out of custody, detectives will probably continue their investigation. Based on any new evidence that detectives may discover during this time period, prosecutors may be putting the necessary pieces together to file charges. The prosecutor will then seek a warrant for your arrest and the next time you are pulled over or otherwise discovered by the police, you can be taken back in.
What can a lawyer do for me before my case is filed in court?
Our team can talk to the investigating officer, try to find out the basis of their investigation and convince them to not drop their investigation. We can also talk to the prosecutor and try to persuade him or her from dropping charges or to resolve the matter informally. We try to mitigate. If you are being investigated for felonious conduct, perhaps we can convince the prosecutor to file it as a misdemeanor. If you are being investigated for a theft-related offense, perhaps we can convince the prosecutor that restitution, some impulse control classes and a dismissal may be the best way to go.
Because a formal complaint has not yet been filed, you may have a golden opportunity to hire a skilled, experienced and knowledgeable attorney to engage the investigating and prosecuting agencies to drop or reduce your charges.