What to Expect From Initial Report to Possible Arrest
Being investigated for a sex crime in California is a life-changing experience. Whether you are under suspicion or have been contacted by law enforcement, understanding how the process works can help you protect your rights and make informed decisions.
At Simmons & Wagner, we know how overwhelming and intimidating these cases can be. As former Orange County District Attorneys, we’ve seen how quickly assumptions can turn into accusations—and how early mistakes can jeopardize your entire defense. This blog walks you through the typical stages of a sex crime investigation in California, so you know what to expect and when to call an attorney.
Stage 1: The Initial Report
Most sex crime investigations begin with a report—either to local law enforcement or through a mandated reporter (such as a teacher, nurse, or therapist). The alleged victim, a third party, or an anonymous source may initiate the complaint.
Reports can be filed days, weeks, or even years after the alleged incident. In some cases, the person accused isn’t even aware that an investigation has begun.
Important: You may not be arrested right away, but that doesn’t mean you’re in the clear. Investigators may quietly begin building a case behind the scenes.
Stage 2: The Law Enforcement Investigation
Once a report is filed, detectives begin investigating the allegation. This can involve:
- Interviewing the alleged victim
- Gathering physical or digital evidence (clothing, messages, photos, etc.)
- Requesting medical or forensic exams
- Identifying potential witnesses
- Attempting to contact you for an interview
You may be contacted informally, with statements like:
- “We just want to get your side of the story.”
- “You’re not in trouble—we’re just clearing things up.”
These are strategic tactics used to elicit statements that can later be used against you.
Never speak to law enforcement about a sex crime allegation without an attorney present.
Stage 3: Search Warrants and Evidence Collection
If detectives believe there’s potential evidence—such as phones, computers, or location data—they may seek a search warrant. Your home, vehicle, or devices could be searched and seized, even before you’re formally charged.
They may also issue subpoenas for:
- Social media records
- Phone records and GPS data
- Surveillance footage
- Internet activity or cloud data
This digital footprint is often used to corroborate timelines or challenge consent claims.
Stage 4: The DA’s Review and Charging Decision
Once police complete their investigation, they submit the case to the District Attorney’s Office. A prosecutor reviews all the evidence and decides whether to file charges.
They will consider:
- The credibility of the alleged victim and witnesses
- Whether there is corroborating evidence
- Any prior criminal history or related allegations
- The likelihood of proving guilt beyond a reasonable doubt
This decision may take weeks or even months, especially in complex cases.
Stage 5: Arrest or Voluntary Surrender
If charges are filed, you may be:
- Arrested without warning
- Asked to turn yourself in voluntarily
- Sent a letter informing you of the charges and arraignment date
Once you are arrested or formally charged, the clock begins ticking. You will face arraignment, where bail may be set, and no-contact orders may be issued.
This is often your first opportunity to appear in court—and your first opportunity to begin building your defense.
Why Early Legal Representation Is Critical
By the time you’re arrested, investigators have likely spent weeks or months building a one-sided case. Waiting until charges are filed puts you at a disadvantage.
At Simmons & Wagner, we intervene early to:
- Communicate with law enforcement on your behalf
- Prevent unlawful searches or questioning
- Preserve critical evidence for your defense
- Identify false or exaggerated claims
- Prepare you for what’s next and explore pre-charge resolutions
As former prosecutors, we understand what it takes to build a case—and what it takes to dismantle one before charges are ever filed.
Accused or Under Investigation? Contact Us Immediately.
If you’ve been accused of a sex crime—or think you might be under investigation—do not wait for an arrest to protect yourself.
Contact Simmons & Wagner today for a confidential consultation. We’re ready to fight for your rights, your reputation, and your future—at every stage of the process.