Being charged with a crime can be scary, but it’s not a time to let your emotions run the show. Whether you’ve been charged with resisting arrest, a drug offense, domestic violence, or a parole violation, you need to show restraint and stay calm. If you panic, talk too much, trust the wrong instincts, or take the wrong actions, you can end up sabotaging yourself. If you want the best possible outcome for your case, you need to avoid some common mistakes.
- Thinking you can talk your way out of the situation
The most common mistake people make is believing that they can clear things up with a conversation. Nothing could be further from the truth. Everything you say to anyone, including police, friends, family, neighbors, or cellmates, can be used against you. Nothing is off the record once you’ve been charged.
Most people think silence feels suspicious, but it’s actually the most neutral position you can take. Explanations create contradictions, even when you tell the truth. With contradictions come credibility problems, and that can kill your case.
Don’t say anything about your situation to anyone other than your attorney. Don’t tell your side of the story or try to clear up what really happened, even if it was a misunderstanding. Only speak when and if your attorney tells you to do so.
- Believing innocence will protect you
Being innocent won’t automatically keep you safe from a conviction. Courts convict innocent people every day because court procedures determine outcomes. According to studies, between 4% and 6% of people incarcerated are innocent. Even if you’re innocent, you still need a lawyer to defend you. Let your lawyer build your defense strategically because good intentions can turn into damaging admissions.
- Thinking you don’t need a lawyer right away (or at all)
Some people avoid hiring a lawyer because of the cost, while others just think the details will sort themselves out. Both of these assumptions can cost you your case. A lawyer will fight to reduce your charges, challenge evidence, and highlight mistakes made by law enforcement. But these things need to happen early on. If you waive your right to legal counsel, you won’t have the same leverage later on.
- Assuming your presentation doesn’t matter
Judges don’t just rule based on the evidence. They pay attention to how you show up in court, especially your body language. This includes everything from how you dress and how you behave to your tone of voice, consistency, and restraint. If you speak out of turn, vent, get emotional, or become angry, you’ll only hurt your case.
Many defendants hurt their case by being defensive, sarcastic, or overly familiar. If you aren’t sure how to act in the courtroom, listen to your lawyer’s advice and follow their lead. The more respectful and controlled you are, the more likely you are to be taken seriously.
- Thinking casual social media posts are fine
Posting on social media with pending charges is always a bad idea. It doesn’t matter if you’re just chatting with friends about the weather or posting about your case. All posts can be equally disruptive to your case by being used as evidence. Simple photos and even a statement like, “I’m going through it right now” can be mischaracterized and used against you.
When facing charges, go dark. Don’t post anything at all and tell your friends not to tag you or mention you at all. If they can’t respect that, deactivate your accounts (but don’t delete them because that might be considered destruction of evidence).
- Believing pleading guilty will create a faster resolution
The urge to end the stress is real, but don’t plead guilty or accept an early plea offer just to get things over with when you haven’t talked to an attorney. Criminal records affect everything in your life, including employment and housing opportunities. If there’s a chance you can get lesser charges, it can make a huge difference for your future.
Heed the reality of your situation
Being charged with a criminal offense is a serious situation that can change the course of your future. But you won’t win your case by proving you’re a good person or explaining your intentions. The smartest move you can make is to put your case in the hands of a capable criminal defense attorney and follow their advice to the letter, even when it feels counterintuitive.
Staying disciplined, keeping quiet, and letting your lawyer handle your case will give you the best chance to limit damage and protect your future.
Peyman Khosravani is a seasoned expert in blockchain, digital transformation, and emerging technologies, with a strong focus on innovation in finance, business, and marketing. With a robust background in blockchain and decentralized finance (DeFi), Peyman has successfully guided global organizations in refining digital strategies and optimizing data-driven decision-making. His work emphasizes leveraging technology for societal impact, focusing on fairness, justice, and transparency. A passionate advocate for the transformative power of digital tools, Peyman’s expertise spans across helping startups and established businesses navigate digital landscapes, drive growth, and stay ahead of industry trends. His insights into analytics and communication empower companies to effectively connect with customers and harness data to fuel their success in an ever-evolving digital world.
