Criminal charges can be challenging and intimidating. The next steps may seem uncertain for individuals facing charges for the first time. Following an arrest, detention, or laying of criminal charges, the decisions made in the aftermath are crucial as they can impact the case’s result. and safeguard your rights, bolster your defense by engaging the services of the most competent criminal attorney.

Delaying Lawyer Engagement

Another common error made by individuals facing criminal charges is delaying the hiring of a lawyer, often assuming the charges will vanish. Regardless of whether you believe the accusations are baseless or that evidence will clear you, every accused individual should have legal representation.

While the evidence might support your innocence and eventually prove it, promptly engage a lawyer from a firm such as Garland, Samuel & Loeb upon being charged. This attorney can provide guidance and advocacy to safeguard your rights and interests. Postponing the attorney hiring until the trial date is a significant blunder, as the limited time available to prepare your defense could weaken your case.

Running

Typically, the person who chooses to run harbors a sense of guilt. This behavior is discernible by a judge and jury. Upon request by the prosecution, a judge may provide the jury with a “consciousness of guilt” directive. Consequently, fleeing (evidence) and the legal directive work against the individual.

Carrying illicit items such as drugs or weapons will heighten suspicion and provide a lawful basis for a search. This approach minimizes the risk of rights violations during the search process.

Merely receiving an anonymous report about someone matching a specific description does not authorize a search. Law enforcement must have additional evidence to justify a search or pat-down.

By choosing to flee, you inadvertently provide the authorities with additional evidence to justify stopping you. Avoid granting them reasons to strengthen their case against you. Instead, cooperate and permit them to search. Running only delays the inevitable recovery of any illicit items.

Talking

If you find yourself in custody, your initial reaction might be cooperating and attempting to negotiate your way out. However, this approach is not advisable. Upon arrest, you possess the right to stay silent under the 5th Amendment. It is prudent to exercise this right and refrain from speaking.

By speaking out, you could inadvertently bolster the prosecution’s case. Avoid conversing with law enforcement after being detained. Refrain from providing any written or verbal statements post-arrest.

Conversing with other inmates or discussing your case on prison phones is also unwise. Many defendants still converse with family over the phone, but be aware that these calls are recorded and can be used as evidence against you.

Disregarding Court Protocol

Appearing untidy and messy is unfavorable. A judge could interpret it as disrespect and respond accordingly. Conversely, dressing appropriately for court in clean, tidy, and formal attire is more likely to earn respect from the judge.

In discussions with friends and family about sports or politics, you may be convincing, but this is serious business. Don’t assume you can handle your defense strategy. It’s the responsibility of your defense attorney, so entrust it to them.

Endnote

The distinction between a mistake of fact and a mistake of law can be quite nuanced, and courts may approach these mistakes differently. If you’ve been arrested or charged, consult with a qualified attorney in your area to understand how the law pertains to the specifics of your case.