When you’re dealing with criminal charges, you have to tread very lightly and make strategic decisions that set you up for success. Unfortunately, many people aren’t aware of the right steps to take, which causes them to make costly mistakes.
- Talking Too Much
One of the biggest mistakes you can make is saying too much. Whether it’s during your arrest, in custody, or following your release, speaking without legal counsel can be detrimental. Law enforcement officials are trained to extract information that could be incriminating. Even innocuous comments can be misinterpreted and spun against you.
As a general rule of thumb, just don’t talk! This is a lot easier said than done – no pun intended – but you have to remember to keep your mouth shut. There’s a time and a place for speaking, but your attorney will lead the charge with any statements that are made.
- Delaying Legal Representation
The moment you’re arrested or become aware of being charged, time becomes your most important (and scarce) resource. In spite of this, many people make the mistake of not hiring a lawyer right away.
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The mistake of not hiring a lawyer right away can stem from any number of issues. Most commonly, people just don’t believe the situation is as serious as it is. They think they can just handle it on their own and make the case go away. However, this rarely happens – even if you’re a certified “smooth talker.”
Another common issue is that people are confident in their innocence. For example, you might know that the charge being brought against you is false, so you assume the truth always wins out and that “only guilty people hire lawyers.” But this simply isn’t true. It might even be appropriate to say that innocent people need lawyers the most.
Whatever you do, don’t wait to hire an attorney. Find and hire a lawyer as soon as possible, to avoid compromising your case and saying/doing things that put you in a situation where you’re forced to dig yourself out of a legal “hole.”
- Choosing the Wrong Attorney
Not every lawyer is suited for every type of criminal case. Choosing an attorney who lacks specific experience in your type of criminal charge or doesn’t have a strong track record in criminal defense can leave you at a disadvantage. It’s crucial to select someone who has demonstrated proficiency and success in cases similar to yours.
“If you are unable to afford an attorney, the court will appoint a public defender,” Bamieh & De Smeth explains. “This form of counsel, however, is not always your best option, as public defenders are often overworked attorneys with excessive caseloads who are not always personally invested in your case.”
There are plenty of resources available online to help you find options, even if you don’t know of anyone in your personal or professional network. The American Bar Association is a great place to start.
- Discussing Your Case on Social Media
It’s tempting to vent or share details about your case on social media. However, these platforms are public domains where prosecutors can easily gather evidence. Comments, photos, videos, or even likes and shares can be used to contradict statements, suggest motives, or affirm timelines that may not be in your favor.
As we discussed above, it’s best to just stay silent. Invoke your Fifth Amendment rights and don’t say or do anything that could compromise your case. If there’s ever a situation where it makes sense to leverage social media, your lawyer can let you know.
- Ignoring Attorney Advice
While it might be tempting to follow your own instincts or the well-meaning advice of friends and family, don’t listen to other people who are outside of your legal team. The only people you should be listening to are your attorneys.
Your lawyer offers strategic advice based on a thorough understanding of the law and an objective assessment of your case. Their recommendations are designed to protect you and improve the outcome of your trial.
- Misunderstanding the Seriousness of Your Charges
Often, especially in the case of first-time offenders, there’s a tendency to underestimate the gravity of the situation. This can manifest in various ways. For example: Not adhering to bail conditions, missing court dates, or not being involved in your defense strategy. No matter if you’re innocent or guilty, or you think the charges are serious or insignificant, you have to take the case seriously from the very beginning
Put Your Best Foot Forward
There are so many different variables involved in a legal case. The last thing you want to do is make a mistake that compromises your situation and makes matters worse. By avoiding the six mistakes highlighted in this article, you can put your best foot forward and give yourself a chance to have a successful outcome. Good luck!
