The 8 Worst Mistakes Crime Suspects and Criminal Defendants Make
If you've been arrested and face criminal charges, you could make many irreparable mistakes. Prosecutors will be eager to take advantage of your weaknesses, and the consequences might be disastrous for you.
This list of common mistakes can help you make the most of your constitutional rights as a criminal defendant. Avoiding them can sometimes mean the difference between acquittal and a prison sentence.
1. Talking to Police Officers About Your Case
Even if officers haven't mentioned your right to remain silent, you should not talk to them or try to tell them your side of the story.
While you are required by law to tell the cops what your name is and provide basic personal information, you are under no legal obligation to tell them anything else.
Officers may ask you trick questions to make you look guilty, and any oral or written statements you make may be used against you. Your fifth amendment rights allow you to remain silent, and you will not seem guilty if you plead the fifth. The law is simply designed to protect you from incriminating yourself.
2. Resisting Arrest in Any Way
Even if the arresting officer uses excessive force or there is no reason for them to arrest you, you should not resist the arrest. If you resist, violence could escalate, and you could face additional charges.
Even if the officers appear to be violating your rights, do not resist. Just try to remember everything that happened, so you can inform your attorney later because you won't be able to resolve the situation on your own.
3. Failing to Call Your Attorney Right Away
If you have a lawyer, the first phone call you should make is to them. You should know your lawyer's number by heart in case you ever get arrested.
You may think you know what to do, but your lawyer knows best, and you shouldn't do anything before speaking to them.
4. Talking to Other Inmates About Your Case
Your cellmates might be snitches planted by the police to trap you. Refrain from discussing the details of your case with them. You should also refrain from talking about your case on jail telephones because your calls may be recorded. The best course of action is to only speak to your attorney.
5. Failing to Appear on Court Dates
You may have to wait a very long time for your case to be heard. It is possible that when the day finally comes, you have forgotten all about it. However, if you skip your court date, you may be rearrested, which can significantly complicate your case.
Besides being on time, you must be prepared and looking your best. Wearing a suit and looking clean and tidy, like a law-abiding citizen, can help the judge view you in a more positive light.
6. Taking Advice from Non-Professionals
It is a common mistake to rely on counsel from people you trust rather than an experienced criminal defense attorney. No matter how many clashes with the law your best friend may have endured, they are not in a position to advise you.
Likewise, it can be a disastrous idea to represent yourself, no matter how clear-cut the case may appear to you. Always rely on counsel from a criminal defense attorney with a solid track record.
7. Relying on a Public Defender to Save Money
There are many excellent public defenders out there, but they are overworked and underpaid. If you want to prove your innocence, you must hire the best lawyer you can afford. When your good name and your freedom are at stake, no expense is too high.
With a bad lawyer, an insignificant offense can lead to a lengthy prison sentence. Prosecutors are motivated by convictions. They don't care whether you are innocent or not, they will fight to keep you in jail for the longest time possible, and if you don't have a heavyweight on your side, you will likely be in deep trouble.
8. Sharing Sensitive Information Online, by Text, or Email
Just like anything you say can be used against you in court, so can everything you post on social media and everything you write in texts and emails. Juries, for example, don't react well to defendants accused of robbery who post fancy vacation pictures online or men accused of sexual crimes who make inappropriate comments about female celebrities. While you may be innocent, certain posts can make you look guilty, and prosecutors will diligently search your social media profiles for this type of content.
How to Assert Your Rights
Whether your case is simple or complex, you should not take any steps without consulting with the best criminal defense attorney you can afford. Just like you are no devil, prosecutors are no angels. They will use the dirtiest tricks to get you convicted, and you need an experienced lawyer on your side to assert your rights.