What should I do when I think charges might be filed against me in Pennsylvania?

What to Do When You Think You Might Be Charged With a Crime in Pennsylvania

There’s a critical window of time between when a person suspects they may be under investigation or facing charges and when formal charges are actually filed. How you handle this period can significantly affect the outcome of your case. Here’s what you should — and should not — do.

1. Contact a Criminal Defense Attorney Immediately

This is the most important step, and it should happen before you do anything else. If you believe police are investigating you, if you’ve been questioned by law enforcement, if you’ve been told charges may be forthcoming, or if you’ve been arrested and released pending the filing of formal charges — consult an attorney right away.

An attorney can advise you on your rights, help you avoid making mistakes that could harm your case, communicate with investigators on your behalf, and begin building your defense before charges are even filed. Early intervention by a skilled criminal defense attorney can sometimes prevent charges from being filed at all, or result in more favorable charges than might otherwise have been pursued.

2. Do Not Speak to Police Without an Attorney Present

This is not just advice — it is one of the most important protections you have under the United States Constitution. You have the right to remain silent and the right to have an attorney present during questioning. Exercising these rights is not an admission of guilt. What you say to law enforcement — even in a casual conversation, even if you believe you’re innocent — can be used against you. Investigators are trained to gather information, not to protect your interests.

If police want to speak with you, politely decline and say you want to speak with your attorney first. Then call one immediately.

3. Do Not Destroy or Alter Any Evidence

Do not delete text messages, emails, photos, or any other digital records that might be relevant to an investigation. Do not dispose of physical items that could be connected to the matter. Destroying or altering evidence can itself be a serious crime — obstruction of justice — and can dramatically worsen your legal situation.

4. Be Careful What You Post and Say to Others

Social media posts, text messages to friends, and conversations with acquaintances are not protected by attorney-client privilege. Law enforcement can and does monitor social media and subpoena communications. During any period of investigation, be extremely cautious about what you say and to whom — online and offline. Only your communications with your attorney are privileged.

5. Do Not Contact Potential Witnesses or Alleged Victims

If you suspect there are witnesses or alleged victims involved in the matter, do not contact them. Even if your intent is to clear things up or explain your perspective, contact with witnesses or victims can be characterized as tampering or intimidation — serious criminal offenses on top of whatever you’re already facing.

6. Document Your Own Account While It’s Fresh

As soon as possible, write down your own detailed recollection of the events in question — dates, times, locations, who was present, and exactly what happened. Do this privately and share it only with your attorney (to preserve privilege). Memories fade, and a contemporaneous written account can be valuable to your defense.