What happens when charges are filed? 7 Answers as of February 16, 2012

How do you know charges have been filed? Only the District Attorney can file charges. On something like an assault, the next thing that would likely happen is that you would be arrested. Depending on the circumstances, you might simply receive a summons with a court date. But, this is unlikely on an assault charge. If by "charges have been filed" you mean that the victim has sworn out a complaint to the police and/or DA, that doesn't necessarily mean that the DA will decide to file a formal complaint. If you believe the victim has claimed to the authorities that you are his/her assailant, you should consult an attorney right away. If you can not afford an attorney, go to the public defender's office.

Is the case NOT in CA? In any event you need a lawyer. Moms usually are not the best witnesses as far as judges and juries are concerned.

You need to get an attorney and fight the case. After you enter a plea of not guilty, future court dates will be set to negotiate the case. Your lawyer needs to compile witness statements from the people who can back you up (alibi witnesses, I assume) and turn them over to the DA. If the witnesses are merely going to say that they don't think you did it, that is not strong evidence for you - you need witnesses who put you somewhere else at the time of the assault. If the victim's testimony is the only evidence against you then perhaps the DA can be convinced that s/he is mistaken.

If a complaint is filed at that time you either request court appointed counsel or hire an attorney. The attorney can work with a private investigator to take alibi witness statements.

When charges are filed, you best get a lawyer before you start talking and incriminating yourself. Don't be tricked by law enforcement into talking, because whatever you say can and will be twisted around and used against you later in court. Your attorney should be your mouthpiece from this point forward. Whatever you have to say, whatever defense is out there, let your lawyer be the one to say/present it.

If you can afford it , hire an experienced criminal law attorney; if you cannot afford a private attorney ask for the public defender. If the facts are as you stated, the case should be dismissed.The DA normally would not file against you unless he had independent witnesses. You may be looking at a jury trial.

There's no short answer for this. Bottom line is that if you're being accused of a criminal act, keep your mouth shut (even if you're 100% innocent, talking to the police could backfire) and consult a lawyer. Because this person ended up in the hospital, you could be accused of felony assault - a crime that could carry up to 4 years prison (and longer if the injuries were severe) and be a "strike" under California law. Consult with a local criminal defense attorney ASAP to start the defense investigation. The police are already working on their endof things - you need to do the same to protect yourself.