Being charged with a crime can be overwhelming, and the actions you take immediately afterward will have a significant impact on the outcome of your case. What you don’t do is just as important as what you do.
What Not to Do When Charged With a Crime
While there’s plenty of advice about what to do, it’s just as important to understand what not to do. Missteps can damage your defense, jeopardize your rights, and even lead to harsher consequences. Here are seven critical mistakes you must avoid to protect yourself and build the strongest defense possible.
- Speaking to Law Enforcement Without an Attorney
When you’re charged with a crime, law enforcement will likely want to question you. Even if you’re innocent, it’s vital to resist the urge to explain yourself or try to “clear things up.” Anything you say can and will be used against you in court. This isn’t just a warning – it’s a reality.
You might think cooperating fully will demonstrate your innocence, but law enforcement officers are skilled at asking questions designed to trip you up. (In fact, that’s what they’re best at.) You could inadvertently make statements that seem inconsistent or suggest guilt. Instead of speaking, assert your right to remain silent and request an attorney.
“There’s a misconception that only guilty people hire a lawyer. But this is a perception that law enforcement likes to continue pushing so that they have a better chance of tripping up suspects,” attorney Brian Walker explains. “Hiring a lawyer on day one is actually one of the smartest things you can do.”
Protect yourself by letting your attorney handle communication with law enforcement from the start. Considering the circumstances (and what’s at stake), it’s the best investment you’ll ever make.
- Discussing Your Case on Social Media
It’s very tempting to vent or share details of your situation on social media. However, this can be one of the most damaging mistakes you make. Prosecutors and law enforcement actively monitor social media accounts for evidence, and anything you post can be taken out of context and used against you.
This doesn’t just apply to public posts. Private messages, comments, and even deleted posts can sometimes be recovered and presented as evidence in court. Avoid discussing your case online altogether. This includes avoiding vague posts that could be misinterpreted, like “Some people just don’t understand the full story” or “I’m so angry right now.” Assume that anything you post will be brought up on a TV screen for jurors to potentially see during a trial.
Instead, keep all discussions about your case strictly between you and your attorney. They are the only ones who can offer guidance on what is safe to share.
- Talking About Your Case With Friends or Family
You might feel the need to confide in loved ones for support, but sharing details about your case with friends or family can backfire. Unlike conversations with your attorney, conversations with others are not protected by attorney-client privilege. This means prosecutors could subpoena your loved ones to testify about what you said.
Even well-meaning friends or family members might misunderstand or misinterpret what you share, unintentionally making statements that hurt your case. The best approach is to limit conversations about your case to your legal team.
- Destroying or Tampering With Evidence
If you think hiding, destroying, or altering evidence will help your case, stop right there. Tampering with evidence is a separate crime that can escalate your legal troubles significantly. It’s also a red flag to prosecutors, who may argue that your actions demonstrate guilt.
Whether it’s deleting text messages, erasing computer files, or throwing away physical items, any attempt to manipulate evidence can lead to additional charges. Even if the evidence seems incriminating, it’s better to let your attorney handle it. They can assess whether it’s admissible and determine the best course of action.
Remember, your attorney is your ally in managing evidence. Be transparent with them about any concerns you have so they can strategize effectively.
The legal process involves strict timelines, and missing deadlines for court appearances, filings, or other requirements can have serious consequences. Failing to appear for a scheduled court date can result in a bench warrant for your arrest. Ignoring deadlines for filing paperwork could weaken your case or lead to a default judgment against you.
Your attorney will keep track of these deadlines, but you must stay engaged and proactive. Keep a calendar of important dates, set reminders, and communicate regularly with your legal team. Meeting deadlines shows the court you’re taking the charges seriously and can prevent avoidable setbacks.
You hired an attorney to guide you through this process, so trust their expertise. It can be tempting to rely on advice from friends, internet forums, or your own instincts, but your lawyer has the training and experience to navigate the legal system in ways others can’t.
For example, you might think pleading guilty to a lesser charge is your best option to “get it over with,” but your attorney may recognize a stronger defense strategy that could result in a dismissal or acquittal. Similarly, they’ll know when it’s best to negotiate, file motions, or proceed to trial.
By ignoring their advice, you risk making decisions that could undermine your defense. Stay in close communication with your attorney and follow their guidance, even if it feels counterintuitive.
- Panicking and Losing Focus
Facing criminal charges is undeniably stressful, but panicking or making impulsive decisions will only hurt your case. Emotional reactions like anger, fear, or desperation can lead to poor judgment, such as arguing with law enforcement, making incriminating statements, or agreeing to unfavorable plea deals.
It’s important to stay as calm and focused as possible. This doesn’t mean ignoring your feelings – it’s natural to feel overwhelmed – but channel that energy into working constructively with your legal team. The more level-headed you remain, the better equipped you’ll be to make decisions that serve your best interests.
Lean on your attorney for support and rely on their expertise to guide you through the process. They’ve handled cases like yours and know how to navigate the challenges ahead.
Adding it All Up
When you’re charged with a crime, what you don’t do can be just as important as what you do. By avoiding the seven mistakes we’ve discussed in this article, you can put yourself in a strong position to have the best defense possible. Good luck!
