Defense attorneys want to help their clients get the best outcome possible in their cases. However, many people charged with a crime make mistakes based on common misunderstandings, misconceptions, and things that might seem helpful but are actually bad ideas. Understanding these things will help you avoid incriminating yourself and let your defense attorney make the best case in your favor.
1. Don’t answer questions or consent to a search before an arrest.
If a police officer has a warrant or can justify a search because of an emergency, you do need to cooperate with the search. However, sometimes police will ask you to come to the station to talk or allow them to search your home or vehicle. Police often make these requests when they don’t have any legal justification other than your consent. If this happens, you shouldn’t agree to the search, as it’s more likely to hurt your situation than help. If you’re ever uncertain, it’s fine to politely ask whether an officer is ordering you to do something with legal authority or asking for voluntary cooperation. It’s also important to remember that police don’t need to inform you of your right to remain silent before questioning you unless you’re under arrest.
2. Contact a lawyer as soon as you think you need one.
Whether you’ve discovered that there’s a warrant for your arrest, have been casually questioned by police, or have any other reason to believe you might be arrested soon, contact a defense attorney as soon as possible. You don’t need to wait until you’ve been arrested. Depending on the situation, an attorney might be able to help you arrange to turn yourself in or provide other guidance that can help you communicate successfully with the police. If you’re arrested unexpectedly, contact an attorney as soon as possible.
3. Never resist arrest.
If you’re arrested, you need to cooperate with the police to a certain extent. Remain calm and peaceful, even if you believe you’re being illegally arrested. Resisting arrest can result in injuries or additional criminal charges, and it will never fix the situation. Regardless of the circumstances, go along with the arrest, ask for an attorney, and follow your attorney’s guidance from there. During an arrest, police can perform a limited search of your home or car, whichever you’re in at the time. You do need to cooperate with this limited search, but you don’t need to allow a full search if the police request permission to do so.
4. Talking to the police won’t help you.
Many people believe that if they can explain their situation to the police, they’ll be able to clear up a misunderstanding and make the arrest go away. While this is an understandable impulse, especially if you didn’t commit the crime in question or have never had legal problems before, it’s not a good idea. It’s easy to make a statement that might be used as incriminating evidence later on, which will only make your attorney’s job more difficult. When questioned, the best response is to remain silent other than to ask for your attorney.
5. Don’t talk about your case.
While you’re in jail, it’s safe to assume that any conversation you have, except with your lawyer, is being monitored. Your phone calls are probably being recorded. Other inmates might report something you said that sounded incriminating in the hope of reducing their own sentences. Even if you’re released from jail, use caution when talking to friends and family. Any statements you make about your case could be taken out of context later on.
6. Don’t post about your case on social media.
The same rule applies when it comes to social media posts. As with a conversation or a police interview, it’s easy to accidentally make an incriminating statement or share information the prosecutor didn’t already know. Unlike a comment made verbally, your social media posts are in writing and visible to everyone. This makes it more likely that the police or prosecution will see your statement and use it against you.
7. The victim doesn’t decide whether to press charges.
It’s up to the prosecutor to decide whether or not to proceed with a case, not the victim of the crime. Sometimes the victim’s testimony is important enough to the prosecutor’s argument that they won’t go through with the case if the victim doesn’t cooperate. However, this decision is ultimately up to the prosecutor. This means it’s especially important not to contact the victim. Like with talking to the police, you might think that explaining yourself could help. However, it’s likely that any contact will be viewed as harassment and hurt your case.
8. Answer your attorney’s questions honestly.
Your lawyer has the obligation to keep all of your conversations confidential, even if you confess to the crime you’re being accused of. This means that you should always be honest with your attorney. Having all the information lets your attorney avoid surprises in the courtroom and provide the best defense possible. Knowing what happened and what you may have done wrong gives your attorney the opportunity to strategize about how to address those issues. Attorneys can still provide a strong defense even if they know you’re guilty. This can include procedural issues, problems during your arrest, or other factors.
9. Have realistic expectations.
Unfortunately, most criminal cases don’t end with the defendant being found not guilty in a courtroom. The vast majority of cases – 94% of state-level felonies – are settled through plea bargains. This means that a successful outcome is probably going to mean pleading guilty to a less serious charge or pleading guilty to one but not all of the charges. If you understand this from the beginning, you’ll be able to have better conversations with your attorney about what to expect and focus on getting the best possible outcome for your situation.
