Being charged with a first degree felony is one of the most serious situations anyone can face. The penalties can include decades in prison, life sentences, and devastating financial consequences. But here’s what most people don’t realize — what you do in the first 24 to 48 hours after being charged can determine the entire outcome of your case.
This isn’t the time to panic — it’s the time to act with precision, caution, and the right legal guidance.
Here’s What is Advised:
1. Hire Experienced Criminal Defense Counsel Immediately
Before you make a statement, sign paperwork, or even speak to law enforcement, your first call should be to an experienced criminal defense attorney.
Prosecutors often move fast in first degree felony cases, relying on early statements or mistakes made by the accused. Having legal representation from the very beginning ensures that:
- Your rights are protected from day one.
- Law enforcement can no longer question you directly without counsel present.
- Your defense team can start preserving evidence before it disappears.
At Simmons & Wagner, our attorneys are former Orange County prosecutors who understand exactly how these cases are built — and how to dismantle them before they spiral out of control.
2. Avoid Self-Incrimination — Silence Is Your Legal Right
When facing such a serious charge, the instinct to “explain” yourself can be overwhelming. But remember: anything you say can and will be used against you.
Even casual comments to police, friends, or online can be misinterpreted as admissions of guilt.
- Don’t post on social media.
- Don’t discuss details of your case over text or email.
- Don’t try to “clear things up” with investigators.
Exercise your Fifth Amendment right to remain silent and let your attorney speak for you. Silence isn’t guilt — it’s protection.
3. Preserve Every Piece of Evidence
Evidence disappears quickly — and in a first degree felony case, that can make all the difference.
Take the following steps right away:
- Secure documents, messages, and receipts related to the alleged incident.
- Preserve digital data such as emails, call logs, or GPS records that may prove your innocence.
- Provide copies to your attorney rather than law enforcement directly.
A strong defense begins with a complete record of events. The sooner your lawyer has access to that information, the stronger your position becomes.
4. Navigate Bail and Release Conditions Carefully
If you’ve been arrested, bail will likely be high — first degree felony charges can carry some of the toughest release conditions in the system.
Your defense attorney can:
- Argue for reduced bail or own-recognizance release based on your background and community ties.
- Ensure that your statements during the bail hearing don’t unintentionally harm your case.
- Advise you on strict compliance with any release terms to avoid new charges or revocation.
Remember: judges view your behavior after arrest as a reflection of your reliability. Acting responsibly from the start sets the right tone for the rest of your defense.
5. Be Strategic About What You Say — and to Whom
Once you’ve been charged, everyone — including friends, coworkers, or even family — could become a potential witness. What you say can easily find its way back to the prosecution.
Be cautious:
- Don’t share case details outside of privileged conversations with your attorney.
- If investigators contact you, refer them directly to your lawyer.
- Avoid “venting” publicly or online — prosecutors regularly monitor social media activity.
Protecting your privacy is part of protecting your defense.
6. Understand the Power of Early Strategic Defense
A first degree felony charge doesn’t have to define the rest of your life. The earlier your attorney intervenes, the more control you regain. Early defense strategies may include:
- Negotiating with prosecutors before formal charges are filed.
- Identifying weaknesses in the government’s case (improper warrants, lack of intent, unreliable witnesses).
- Consulting experts to challenge forensic or digital evidence.
- Filing early motions to suppress illegally obtained evidence.
Every hour counts. The sooner your defense begins, the more time your attorney has to build leverage, shape the narrative, and prevent a conviction.
7. Remember: A Charge Is Not a Conviction
A first degree felony charge is an accusation — not a verdict. Many of these cases are based on circumstantial evidence, flawed investigations, or overstated claims.
At Simmons & Wagner, we’ve seen firsthand how aggressive defense, strategic timing, and deep knowledge of prosecutorial tactics can change outcomes. From having charges reduced to complete dismissals, we fight to restore your freedom and reputation.
Final Thoughts with Simmons & Wagner
Being charged with a first degree felony can feel overwhelming, but you are not powerless. The right defense begins with the right response — and the right attorney.
Your future is worth fighting for. Don’t face the system alone. Contact Simmons & Wagner today for a confidential consultation with experienced criminal defense attorneys who know how prosecutors think — because they used to be the ones making the case.