Facing criminal charges is one of the most frightening and stressful experiences someone can go through. Getting arrested often leaves people feeling anxious, confused, and unsure of what to do next. In these moments, many individuals unintentionally make mistakes that can harm their chances of a favorable outcome. Knowing what to do and what not to do can make all the difference in protecting your rights and building a strong defense.
As a criminal defense attorney and former prosecutor, Parag Agrawal has seen firsthand how a seemingly minor misstep can have severe consequences for defendants. Through this blog, Parag shares his professional insights to help you avoid these common pitfalls when facing criminal charges in California and protect your rights.
The Importance of Taking Action Before Criminal Charges are Filed
When you are accused of a crime or under investigation in California, timing is everything. The sooner you take action, the better your chances of protecting your rights and preparing a strong defense.
By consulting with an experienced criminal defense attorney—often through pre-filing services—you gain critical guidance at the investigation stage. One of the most important protections is before you speak with the police. You are never required to explain yourself without a lawyer present, and doing so can result in statements that seem harmless but are later used to build a case against you. An attorney can step in to communicate on your behalf, safeguard your rights, and prevent costly mistakes.
Just as importantly, in many cases, early intervention can even persuade prosecutors to reduce or avoid filing charges altogether. Acting quickly also preserves valuable opportunities, like collecting evidence and securing witness accounts while they are still fresh.
It is natural to feel confused or anxious when being investigated or accused of a crime, but waiting too long to make decisions can put you at a disadvantage. Taking action before charges are filed not only protects your rights but also gives you the best chance at a favorable outcome.
Top 5 Mistakes People Make After Being Charged
When charged with a crime, every decision matters. Out of fear or confusion, many people unintentionally make choices that weaken their defense. Here are the five most common mistakes—and why avoiding them is critical.
Mistake #1: Underestimating the Importance of the Bail Hearing and Arraignment
For many people, the bail hearing and arraignment feel like quick, procedural steps—but they carry enormous consequences. At the bail hearing, the judge not only decides whether you’ll remain in custody but also sets the conditions that will control your life while the case is pending. These can include travel restrictions, curfews, electronic monitoring, or no-contact orders, all of which can impact your ability to work, see family, and prepare your defense. Strong advocacy early can mean fairer terms and a stronger start to your defense.
Mistake #2: Posting Case Details on Social Media
Social media may seem like a place to share your feelings, but posting about your case can cause serious harm. Prosecutors can use your posts, photos, or comments as evidence. Even something that seems harmless can be misinterpreted. It is best to stay off social media or at least avoid any mention of your case until it is resolved.
Mistake #3: Missing Court Dates or Deadlines
Missing a court date or ignoring legal deadlines can lead to additional charges, fines, or even arrest warrants. It can also send the wrong message to the judge about your commitment to the process. An attorney can help you keep track of all scheduled dates.
Mistake #4: Choosing the Wrong Legal Representation
Not every attorney is equally experienced or specialized in the same areas of law. Hiring someone without the right background in criminal defense can put you at a disadvantage. Take time to find an attorney who understands your type of case, communicates clearly, and is committed to protecting your rights.
Mistake #5: Not Understanding the Charges and Consequences of a Plea Deal
Some people move through the process without fully understanding what they are being accused of, what penalties they could face, and the consequences of their plea deals. This can lead to poor decisions, such as accepting unfavorable deals or unintended collateral consequences in the future. Your attorney should explain the charges and possible outcomes in simple terms so you can make informed choices.
What are Your Rights If You are Arrested in California?
California law grants important rights to protect individuals and ensure fair treatment during an arrest. Knowing these rights can help you handle the situation more confidently. Keep in mind the following:
Right to Remain Silent
You are not required to answer questions from the police about the incident. This right helps protect you from saying something that could be misunderstood or used against you. If you choose to remain silent, clearly tell the officer that you are exercising this right. Staying calm and polite is important.
Right to an Attorney
You have the right to have a lawyer with you during questioning and throughout the legal process. If you cannot afford one, the court will provide a public defender at no cost. Having a criminal defence attorney ensures that your rights are protected and that you get advice before making decisions or statements.
Right to Due Process
Due process means you have the right to fair treatment under the law. This includes knowing the charges against you, having an opportunity to defend yourself, and having your case heard by an impartial court. It also means the government must follow legal procedures before taking away your freedom.
Conclusion
Facing criminal charges in California can be confusing and stressful, but being informed, cautious, and proactive can be beneficial for your case. Avoiding common mistakes can protect your legal position and improve the chances of a favorable outcome.
The most damaging mistake remains waiting too long to act. The critical time to involve a defense attorney is often before charges are even filed. Taking early steps through pre-filing representation can make the difference between facing serious charges or avoiding them altogether. Early action not only protects your rights and guides you through the investigation stage, but also helps prevent costly mistakes that may be difficult, or even impossible, to undo later.
Law Office of Parag Agrawal provides expert guidance and strong representation to defend your case. With years of experience in criminal defense and as a former prosecutor, Parag Agrawal helps ensure that every step is taken carefully to protect the client’s interests and build the strongest possible defense.
FAQs
Can You Talk to the Police Without a Lawyer Present?
Yes, but it is not usually advised, as anything said can be used against you. It is safer to consult a criminal defense attorney before answering questions.
How Long Does a Criminal Case Usually Take in California?
The duration varies depending on case complexity, evidence, and court schedules. Simple cases may resolve in a few months, while complex cases can take a year or more.
Can You Travel Outside California While Your Case is Pending?
Travel may be restricted, especially if bail conditions or court orders are in place. Always check with your attorney and the court before leaving the state.
What Happens If You Miss a Court Date?
Missing a court date can lead to a warrant for arrest and can negatively impact your case.
What Rights Do You Have During a Police Interrogation in California?
You have the right to remain silent, the right to an attorney, anything you say can and will be used against you, and the right to fair treatment. Exercise these rights to avoid self-incrimination and protect your legal position.
Can Social Media Posts Be Used as Evidence in Your Case?
Yes, prosecutors can use social media posts, comments, and photos as evidence. Avoid posting anything related to your case until it is fully resolved.
Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. It is recommended that you consult with a qualified criminal defense attorney to discuss your specific circumstances and receive personalized legal guidance. Parag Agrawal and Law Office of Parag Agrawal do not accept responsibility for any actions taken based on the information provided in this blog.
