The 5 Most Common Mistakes Defendants Make That Can Undermine Their Criminal Defense

Being charged to court for a crime is never a pleasant experience. Your actions at this point can have an enormous influence on your life. That is why avoiding any mistake that can undermine your defense is important. This blog post shares the five common mistakes that can weaken a criminal defense and lead to a less favorable outcome.

Speaking to the police without your lawyer present

You have the right to remain silent at the point of the arrest until you get an experienced defense lawyer. It is a mistake to give the police or prosecution any statement before your attorney arrives. Whether it’s a written or oral statement, answer their questions only with your lawyer present. This will not favor your defense. Instead, you give them the opportunity to build a stronger case against you. The police do not always read the rights at the point of arrest. Sometimes, reading the rights comes before questioning when you are already in custody. This does not mean you are obligated to say something when getting arrested. Your right to remain silent starts from the point of arrest. And it will only benefit you to stay silent until your legal representative is present. 

Posting/commenting about your case on social media

Social media has become a big part of our lives. And it can be tempting to update your status with the latest interesting information about your life. Remember that “anything you say can and will be used against you.” What you say on Facebook about your case is also included in this right. The police and prosecution sometimes go online to gather evidence. And you don’t want them to find a statement they can use against you. Do not post any comment, photo, or video relating to your case. Do not chat with anyone about the criminal charges. Remember that whatever goes into the internet stays there forever. Whether you delete it or not, they are retrievable, and law enforcement will check there while searching for evidence. 

Not getting a lawyer immediately 

Attempting to represent yourself against serious criminal charges is a huge mistake. The first you should do if you are arrested for a crime is to get a lawyer ASAP. The more you delay, the more likely the police will pressure you for a statement. The prosecution will use that to their advantage and get statements from you that will jeopardize your defense.

Running from the police

If you run from the police when they try to arrest you, the police will take this to mean guilt. The judge and jury will think you are guilty of the crime and trying to get away from punishment. Avoid running from the police; it will only strengthen the case against you. Even if you are in possession of a contraband item, e.g., drugs or a gun, when police approach you, wait. Running from the police translates to resisting arrest. And this is a crime on its own.

Talking to the victim 

When accused of a crime, some people are tempted to contact the person who reported them in the hopes of changing their minds. It is a mistake to do so. You can be accused of scaring an important witness to prevent them from testifying. Also, be careful if the person contacts you first. They might be working with the police to build a stronger case against you.

One or more of these mistakes can greatly hurt your defense. In addition, trust your lawyer and let them guide you through the process. If you work with them closely, it is easy to avoid common errors that can result in unfavorable outcome in the case.