6 of the Biggest Mistakes People Make When Facing Criminal Charges

Facing Criminal Charges? Don’t Make the Same Mistakes Many Do

01:57 29 October 2024

If you’re facing criminal charges, you can’t take anything lightly. Everything you say and do will impact your case for better or worse. 

Without a plan, you could fall victim to mistakes that have cost other defendants who have gone before you. 

• Speaking to Law Enforcement Without an Attorney

One of the most common and damaging mistakes people make is talking to law enforcement without an attorney present. It can be tempting to explain your side of the story in an effort to clear things up. 

However, anything you say to the police can and will be used against you in court. Even if you think you're being helpful or providing harmless information, you could inadvertently incriminate yourself.

Law enforcement officers are trained to ask questions in ways that may confuse you, leading to unintended admissions or inconsistencies in your statements. The best thing you can do is exercise your right to remain silent and request an attorney immediately. This isn’t about appearing guilty; it’s about protecting your rights and ensuring you don’t accidentally worsen your situation.

• Posting About Your Case on Social Media

Anything you post online can be found, saved, and used against you by the prosecution. The same goes for something you tell a friend or stranger in passing.

“One of the biggest issues people have is not controlling their tongue,” SBBL Law explains. “This can look like hastily writing a vent thread on Facebook or having a couple of drinks at a bar and sharing more details with a friend than you probably should. Either way, it can be a costly misstep.”

Even something as innocent as a status update or photo could be twisted to support the narrative the prosecution is building against you – so make sure you’re aware of what you’re writing and saying. For example, posting pictures of yourself having fun while out on bail or sharing opinions about the case could reflect poorly on you in court.

To avoid this mistake, keep your case off social media entirely. It’s best to stay quiet about the charges and your legal situation, both online and offline. Let your attorney handle the details and focus on building a strong defense.

• Not Hiring an Experienced Defense Attorney

Relying on a public defender or trying to represent yourself in court can be a critical error when facing criminal charges. While public defenders are dedicated (and should not be spoken about negatively for what they do), they are often overwhelmed with large caseloads and may not have the time or resources to devote to your defense that an experienced private attorney can provide.

Hiring an experienced criminal defense attorney gives you the best chance at a favorable outcome. A seasoned lawyer knows how to navigate the legal system, negotiate with prosecutors, and challenge evidence. They will also have the time and focus to build a tailored defense strategy specifically for your case.

• Violating Bail Conditions

When you’re released on bail, you’re typically required to follow specific bail conditions, such as staying within a certain area, avoiding contact with certain people, or refraining from using drugs or alcohol. Violating these conditions, no matter how minor they seem, can land you back in jail and make it harder for your attorney to negotiate on your behalf.

Even if you think no one is watching, the consequences of a violation can be severe. The prosecution can use your failure to comply as evidence that you can’t be trusted, making it less likely that you’ll be granted leniency later on.

To avoid this, take your bail conditions seriously and follow them to the letter. If you’re unsure about any restrictions or need to modify a condition (like for work or family obligations), speak with your attorney first.

• Missing Court Dates

One of the worst things you can do while facing criminal charges is miss a court date. Failing to appear in court not only leads to more legal trouble – such as a warrant for your arrest – but it also signals to the court that you aren’t taking your case seriously.

Even if you have a valid reason for missing a court date, such as illness or a scheduling conflict, the judge will likely view it as disrespectful unless you notify your attorney and the court beforehand. Missing court can lead to additional charges or higher bail, making your legal troubles even worse.

The solution is simple: keep track of all your court dates and make sure you attend them. If you have any scheduling issues, notify your attorney immediately so they can request a continuance.

• Not Taking the Charges Seriously Enough

Some people mistakenly think that if the charges they’re facing are relatively minor, they don’t need to worry about the outcome. This couldn’t be further from the truth. Even minor charges can have serious consequences, including fines, jail time, and a permanent criminal record that can impact your future employment and housing opportunities.

No matter how small or insignificant the charges may seem, you need to treat them with the same seriousness you would if you were facing major charges. Work closely with your attorney, follow their advice, and make sure you understand the potential consequences of your case.

Adding it All Up

When facing criminal charges, you don’t have the benefit of the doubt. You can’t base your defense strategy and overall approach on hope. Hope alone will get you convicted. You need to make smart choices that put you in the best position to be successful over the long run. 

That means avoiding the costly mistakes we’ve discussed in this article.