Being arrested is one of the most stressful things you could ever experience. It is highly likely that you will become both afraid and emotional if you are arrested. Many people make mistakes after being arrested that ruin their chances of success or even lead to additional charges. If you are arrested, you need to avoid making any of these 10 mistakes.
Resisting the Arrest
The idea of being arrested can trigger several emotions for people. Your instinct may be to argue with the arresting officer or make an attempt to prevent them from handcuffing you. Resisting arrest in any way can be one of the easiest charges to add onto what you could already be facing so it is best to remain calm and be respectful of the officer.
Forgetting You Have a Right to Remain Silent
“You have the right to remain silent” is likely something you’ve heard on TV. The Fifth Amendment gives you the right not to incriminate yourself by not talking. Anything you say during your arrest can be used against you in court.
Never give up your right to remain silent. Calmly tell police officers that you will not speak to them without your lawyer present.
Not Knowing Your Charges
People don’t always know the severity or full extent of the charges against them when arrested. Are you facing a misdemeanor or a felony? Are there multiple charges or just one? Depending on the crime, you may be facing more severe consequences. Knowing what you are charged with can help you decide what steps to take next.
Admitting to the Crime
As obvious as it may seem, it is a mistake to admit to anything during or after your arrest, especially to the crime you are being accused of. Police or prosecuting attorneys may take what you admit to as a confession of guilt, which can greatly harm your chances of a positive outcome in your case.
Not Immediately Contacting a Lawyer
It may seem like a good idea to not hire a lawyer until you understand the details of your case. However, getting an attorney on your side as soon as possible is the fastest way to protect your rights. A lawyer will ensure that you take the right steps moving forward and could help you save money on bail bond fees.
Posting Bail Immediately
Many people elect to post bail because it allows them to be released from custody. However, most people don’t realize posting bail immediately may not be a good idea. You will be entitled to attorney-referred bail bond fees if you hire an attorney before paying bail. Additionally, if the criminal charges are dropped against you, you will not be issued a refund of the bail fees you paid.
Waiting Until Your Court Date Before Hiring a Lawyer
Not only can hiring a criminal defense attorney right away save you money on bail bond fees, it is also the best idea if you want to obtain a favorable outcome in your case. An attorney can craft a winning defense strategy to help you in your case, but if you wait to hire a lawyer, it will give your attorney little time to prepare a defense. In addition, an attorney may have a hard time correcting any mistakes you or your public defender made during the criminal process.
Not Being Honest with Your Attorney
The information you disclose to your attorney is entirely confidential. You may be hesitant to admit everything or even want to lie, but it is best if you are completely honest with your lawyer regarding the details surrounding your arrest. Doing so will help your attorney build the best possible legal defense for you.
Not Making a Detailed Account of the Arrest
To help strengthen your defense, it is a good idea to write down everything you remember and make a list of witnesses. Doing so will provide more evidence for your attorney to work with and make sure no details are lost between the arrest and any court hearings. Witnesses can also help attest to your good character and provide further details on the arrest.
Talking to Friends and Family About the Arrest
Unlike your attorney, the things you say to friends and family are not kept confidential. While they may provide important emotional support, what you tell them can potentially be used against you in court. Do not speak to anyone about the facts of your case other than your lawyer.
Contact the Attorneys at Wallin & Klarich
If you or someone you love has been arrested, you will need an experienced criminal defense attorney by your side. At Wallin & Klarich, our attorneys have more than 40 years of experience successfully helping our clients fight criminal charges. We can help you now.
With offices in Los Angeles, Orange County, Riverside, San Diego, San Bernardino, Sherman Oaks, Torrance, Ventura, Victorville, and West Covina you can find a dedicated Wallin & Klarich criminal lawyer available no matter where you work or live.
Call us now at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.