Mistakes To Avoid When You Have Criminal Charges Against You

Criminal charges can be terrifying, especially since they carry heavy consequences that can have a life-long impact on you. This is why it is vital that you take the charges seriously. The following are some common mistakes you should avoid if you find yourself on the receiving end of a criminal charge.

Mistake #1: Distrusting your lawyer

It's easy to fall into the trap of thinking that only you can take the case as serious as necessary – this is a common side effect of nerves, stress, and fear. Keep in mind, though, that your lawyer has undergone years of training and is more aware of the best lines of defense to follow. Feel free to bring up concerns with your lawyer, but don't insist on a certain defense or pre-trial motion if they advise against it.

Mistake #2: Skipping a plea offer

In most cases, especially if there is a lot of evidence against you, a plea offer is much better than going to trial. Consider the offer seriously, and understand that if the prosecutor only lowers the sentencing but not the severity of the charges, chances are they have enough evidence to win the case. If your attorney recommends taking the plea offer, chances are it is in your best interest to do so. Going to court anyway could result in more severe sentencing.

Mistake #3: Be a loud mouth

It's generally a good idea to stay quiet throughout the proceedings. This means making no phone calls beyond those to your attorney when you are in a holding cell, not talking to others in holding with you, no Facebook chats about the case after release, or discussions about how innocent you are at the family barbecue. Anyone can become witness against you, so keep mum on legal proceedings and be on you best behavior at all times.

Mistake #4: Refuse to make a statement

It's understandable that you will be hesitant to talk to police and give a statement, even if it is a statement of innocence. Yet, outright refusing to do so can look very bad to a jury of your peers, who may not understand why you didn't explain your innocence during questioning. The proper way to handle this is to invoke your fifth amendment until you have a lawyer present. Then, discuss things briefly with your lawyer before submitting to questioning and making your own statement. This way you have a professional to guide you so your words can't be twisted, but you have a statement on record for when your case goes to court.

to learn more, contact a criminal law firm like O'Brien & Dekker

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