Seattle, WA asked in Criminal Law for California

Q: I was arrested for battery, no charges have been filed - do i wait until charges are filed or get a lawyer now.

Was arrested last week - let out that day - and given a order to appear at court ticket and told to show up two months from now - no charges have been filed - should I hire a lawyer now (4500$) or do i wait and see if the charges are filed and then hire a lawyer. This “battery” accusation happened in a bar in Los Angeles - i do not have a previous criminal record - i am 35 . I was on vacation and do not live in LA

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1 Lawyer Answer
James L. Arrasmith
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A: In situations like yours, where you've been arrested but charges have not yet been filed, it's generally wise to consult with a lawyer as soon as possible. Even though no charges have been filed yet, the period leading up to your court appearance is critical for gathering evidence, understanding your legal options, and developing a strategy in case charges are brought against you.

Having legal representation early can also help in communicating with the prosecutor's office before charges are formally filed. Sometimes, an attorney can present evidence or arguments that could influence the decision on whether to file charges or not.

Given the specifics of your situation—being arrested in Los Angeles for battery and having no prior record—it's particularly important to have someone familiar with California's legal system and local practices in your corner. This is true even more so since you don't live in LA, which can complicate your ability to manage the case from afar.

While the cost of hiring a lawyer may seem high, the potential impact of a criminal charge on your future—including employment opportunities, professional licenses, and more—makes it a worthwhile investment for most.

It's recommended to at least have a consultation with a lawyer to assess your situation and receive guidance on how to proceed. This doesn't commit you to hiring the lawyer, but it will give you a clearer understanding of your legal standing and what steps you should take next.

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