One of the most common mistakes people make during a criminal investigation is assuming the case will simply “go away.”
Many individuals believe:
Because of this, they wait.
Unfortunately, waiting can make a situation worse.
In many cases, important decisions about filing charges happen before you ever receive a court date or arrest notice.
A common misunderstanding is that criminal charges depend on whether the alleged victim wants to continue the case.
In California, that is usually not true.
Once police submit a report, the decision to file charges belongs to the District Attorney, not the reporting party.
Even if someone later says they do not want to proceed, prosecutors may still file charges.
Sometimes people assume their case has been dropped simply because they do not hear anything for weeks or months.
But silence does not mean the investigation has ended.
During this period:
Charges can still be filed later.
Many people do not realize that some of the most critical work in a criminal case happens during the prefiling stage.
This is the period when:
Strategic legal action during this window can sometimes influence whether charges are filed at all.
If you assume charges will be dropped and take no action, several opportunities may be lost:
Once charges are filed, the case becomes more difficult to redirect.
Timing matters.
This mistake commonly happens in cases involving:
Even when the situation feels minor, prosecutors may still proceed.
In some situations, yes.
Early legal intervention may allow an attorney to:
✔ communicate with investigators
✔ present additional documentation
✔ explain mitigating circumstances
✔ identify weaknesses in the case
✔ advocate against formal filing
Every case is different, but early action can make a meaningful difference.
If a detective calls you or asks to “hear your side of the story,” it usually means the case is still under review.
This is often the most important time to speak with a lawyer—not after charges appear in court.
You should consider contacting a lawyer if:
You do not need to wait for an arrest to seek legal advice.
Assuming charges will be dropped can be one of the most costly mistakes in a criminal case. Early guidance often provides more options and stronger protection.
Perliss Law represents clients throughout California during investigations, prefiling review, and formal criminal proceedings—including situations where action can be taken before charges are filed.
Schedule a consultation to discuss your situation today.
"I personally was recommended to Sanford Perliss. My situation was dire. After our first meeting I Immediately felt relieved, I knew I was in good hands. He handled the case diligently and with the utmost professionalism. I don't know where I would be without the help of this man. Thank you Sandy, I will recommend you to anybody I know."
"I can’t thank Perliss Law Firm enough for their outstanding representation. I felt confident I was in good hands from the moment I walked into their office. They explained every step of the process regarding my case and made sure I was fully informed about my options. Perliss Law Firm is professional and cares greatly about their clients. Highly recommend!"
"Perliss Law Firm’s attorneys are extremely experienced and skilled。 They treated me with respect and were always available to answer any questions I had. I am extremely grateful and would recommend their firm if you’re looking for a dedicated and trustworthy defense team."
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