The Top 5 Mistakes People Make When Facing a Criminal Charge

If you find yourself staring down a criminal charge, it’s easy to get caught up in the emotions of what’s happening and forget to use common sense. In fact, most defendants end up making one of a few common errors, which actually end up hurting their ability to prove their innocence or get charges reduced.

1. Saying Too Much

Speaking to law enforcement without representation is one of the biggest mistakes you can make. You might think that you can clear things up by explaining your side of the story, but this can often lead to inadvertently incriminating yourself. That’s because things that you say can be twisted, misinterpreted, or used against you.

Law enforcement officials are skilled in interrogation and may use your words against you. Their goal is to find the individual responsible for whatever crime they’re trying to solve. If they have any suspicions that it’s you, they’re going to push to try to connect you to it.

With this in mind, you should exercise your right to remain silent until you have legal representation who can guide you through the process and speak on your behalf.

2. Not Lawyering Up Right Away

The importance of securing the right attorney right away cannot be overstressed. Some people delay hiring an attorney either because they underestimate the seriousness of their charges or they’re worried about how much it’s going to cost. However, an experienced criminal defense attorney is worth their weight in gold. You should hire one as soon as possible.

While hiring an attorney quickly is important, you don’t want to hire just any old criminal defense lawyer. You want the right person. Look for an experienced local attorney who specializes in criminal defense and has a track record for getting positive results for clients.

A good attorney can navigate the complexities of the legal system, file the necessary motions, gather evidence, and negotiate with prosecutors on your behalf. Even a minor delay in “lawyering up” can put you behind the eight ball and hurt your chances of getting the outcome you want.

3. Ignoring Court Instructions

Make sure you follow all court instructions and attend all scheduled court appearances. Failing to appear in court or ignoring court orders can lead to additional charges, such as contempt of court, which could further complicate your case and negatively impact the judge’s perception of you. Always prioritize court dates and follow any instructions given by the court or advised by your attorney. This is 101-level stuff – but it has to be mentioned.

4. Posting About Your Case

You might have a vibrant social media presence where you share the details of your day on a regular basis. However, you need to hit the pause button on that for now. Posting about your criminal case on social media is a grave mistake.

Information shared online can be accessed by prosecutors and might be used against you in court. This includes seemingly innocent posts. For example, if you’re injured and your limited mobility is part of your defense, a picture of you playing with your kids at the park could be taken out of context and used by the prosecution to claim you aren’t actually injured. It doesn’t matter if it’s a public post or a DM. Avoid sharing things on social media throughout the duration of your case.

5. Not Being Completely Honest With Your Attorney

Your attorney is your advocate and needs complete and accurate information to defend you effectively. Withholding information, lying, or omitting details about your case does nothing but hurt you. If you’re embarrassed or worried, your attorney is going to think less of you because of the details that you share, don’t be. Your attorney has heard and seen everything – and it’s their job to keep everything you tell them confidential. (Remember, attorney-client privilege protects the confidentiality of the discussions you have with your lawyer, so it’s in your best interest to be fully transparent.)

Make Calculated Decisions

When you’re facing a criminal charge, you have to be meticulous and strategic. This is not the time to “wing it” and hope that things work out. By hiring an attorney right away (and following their guidance), you can put yourself in a more positive situation and avoid making some of the mistakes highlighted in this article.