Criminal Defense FAQs

Answers to Common Questions About Arrests, Investigations, and Federal Cases Nationwide and in the San Francisco Bay Area

If you are dealing with a criminal matter—whether you’ve been arrested, contacted by law enforcement, or believe you may be under investigation—you likely have urgent questions. Below are answers to some of the most common situations we see. If your situation is time-sensitive, it’s best to speak directly with a lawyer.

URGENT SITUATIONS

What should I do if federal agents contact me?

Do not speak with federal agents without a lawyer. Even if agents say they “just want to talk,” anything you say can be used against you. In many cases, people unknowingly make statements that later form the basis of criminal charges. This is especially critical if you are located in the San Francisco Bay Area, where federal investigations often involve agencies operating out of San Francisco and surrounding jurisdictions.

Your next step should be to contact a defense attorney immediately.

What is a federal target letter?

A target letter means the government believes you may have committed a crime and is considering charges.

This usually indicates:

• The investigation is advanced
• You are at risk of indictment
• Prosecutors may be preparing a case

You should not respond to a target letter or speak with investigators without legal counsel.

What should I do if I receive a subpoena (for documents or testimony)?

Do not ignore it—but do not respond without advice. Subpoenas can require:

• Documents
• Testimony
• Both

Responding incorrectly can create legal exposure. A lawyer can help:

• Evaluate what must be produced
• Protect your rights
• Communicate with the government if needed

If I Was Arrested Or Received A Court Citation, Does That Mean There Are Criminal Charges Against Me?

No, an arrest or citation does not necessarily or always mean you have been “charged” with a crime. The charging decision is made by a prosecutor. An arrest warrant, on the other hand, usually means charges have been filed or are about to be filed.

ARREST AND CHARGING QUESTIONS

If I Get Arrested, How Soon Should I Hire A Lawyer?

You should contact an attorney as soon as possible. An attorney can help you figure out what might happen at the first court date and can even help you determine whether criminal charges are being filed by the District Attorney’s Office.

Can I be charged without being arrested?

Yes. In many cases—especially federal cases—charges are filed after a long investigation, and you may not be arrested until later, or at all. An arrest is not required for charges to be filed. Read more information on our blog about what to do if you believe you’re under investigation.

If I Was Handed A Stay-Away Or Temporary Restraining Order At The Time Of My Arrest, Can I Contact The Other Person If They Contact Me First?

No. You cannot contact the other party under any circumstance. You cannot text, call, convey messages through others, or communicate by social media.

If I Know There Is A Warrant For My Arrest, What Should I Do?

Contact an attorney/lawyer right away. The lawyer can help you figure out how to take care of the warrant and maybe even bail out. The lawyer can also help you possibly do a walk-in warrant with the help of a bail bondsman. Read our blog for more information on whether police can search your phone.

What Is An Indictment?

An Indictment is different from a criminal complaint because it means that the case was presented to a grand jury for a charging decision. The grand jury is made up of a group of people who decide whether and what charges a person should face. Most often, federal cases are brought by indictment. But sometimes, when the government wants to keep certain information confidential or a case is complicated, even District Attorneys bring cases by indictment from a grand jury.

Does The Defendant Get To Be At The Grand Jury?

No. It is only for the prosecutor. No defendant and no defense attorney.

If I’m In custody, How Can I Hire A Lawyer, Or Reach A Lawyer?

If you are in custody, the best thing to do is to have friends or family help you out. If you bail out, you can contact a lawyer but if you haven’t posted bail, you should immediately call someone and have them start looking for a lawyer. That will be the most efficient way to hire a lawyer. If you end up in court without a lawyer, most judges will allow a person to come back to court with the lawyer of their choice, if they plan on hiring an attorney.

If I Have A Federal Case, Can I Post Bail To Be Released From Custody?

If you are facing federal charges in federal court, you should not contact a bail bondsman. The federal bond system, at least in the jurisdiction of the Northern District of California, has its own process and it does not involve using a bail bondsman. If you contact Julia Jayne at Jayne Law Group, she can explain this in greater detail.

CHOOSING THE RIGHT LAWYER

Can I hire any lawyer for a federal case?

No. Federal cases are complex and require experience with:

• Federal courts
• Prosecutors and agencies
• Sentencing guidelines

You should always contact/hire a lawyer who specializes in federal criminal defense or who has handled cases in federal court.

When should I contact a lawyer if I think I’m under investigation?

Immediately. You do not need to wait until:

• You are arrested
• You receive a target letter
• Charges are filed

In many cases, the most important legal work happens before charges are brought.

Bay Area Criminal Defense Representation

Jayne Law Group represents individuals throughout the San Francisco Bay Area, including:

• San Francisco County
• Alameda County (Oakland, Berkeley)
• Santa Clara County (San Jose)
• Contra Costa County
• Marin County
• San Mateo County

We also handle matters involving federal investigations in the Northern District of California, the Eastern District of California, the Southern District of California and the Central District of California, plus any federal court throughout the United States.

If you are searching for a criminal defense lawyer in the Bay Area, or need assistance with a federal investigation, target letter, subpoena, or arrest, we can help.

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. You should consult with an attorney regarding your specific situation.