Mistakes to Avoid When Dealing With the Criminal Justice System

After an arrest, many people find themselves feeling so alarmed that they just cannot think straight. But it is important to hold it together because mistakes in this situation can be costly. Try to think logically, and keep these tidbits in mind.

  • Cooperate, while remaining silent until you have contacted your attorney. It is NEVER a good idea to resist arrest or actually try to run away from police.
  • Call your attorney immediately. Police clearly suspect you of committing a crime, and having your attorney by your side is critical to having your rights protected.
  • Do not speak. Remind officers (politely) of your Fifth Amendment rights. You are not required to answer any questions before your attorney arrives because anything that you tell them could ultimately be used to make a case against you. Resist even casual conversation that might seem unconnected to the case at hand. You should not try to explain or defend yourself at all. The only things you should consider asking is if you are free to go, or if you can call your attorney. Period.
  • Limit what you share about the case with friends and family. They may later be called to testify in the case, so whatever you disclose could wind up being discussed in a courtroom at some point. Do not put them in a position where they may have to share information that could hurt your case.
  • Do not post anything on social media sites that could suggest a negative character or lifestyle. You just never know what might be used against you later on. Do not post anything about the case at hand.
  • Do not contact your accuser. Do not try to apologize or clear up any misunderstandings. If they try to contact you, shut it down and let your attorney know.
  • Show up for court on time, appropriately dressed, and with the right attitude.  Anything less might be interpreted as a sign of disrespect for the judge and/or the judicial process. Any belligerence, cockiness, or general disrespect on your part could lead to contempt of  court charges. That will only make matters worse—and could even mean fines and/or jail time.
  • Do not try to get rid of potential evidence. You do not want police going through your garbage cans and finding something that could be incriminating—it is a great way to get additional charges added related to trying to destroy evidence.
  • Be straight with your attorney. A good criminal defense attorney will fight for your rights, but that is tough to do if you hold back relevant information. When the prosecution surprises your attorney with facts, it is incredibly difficult to achieve positive outcomes.

Call Boertje & Associates. The dedicated and knowledgeable criminal defense attorneys at Boertje & Associates will give it everything they’ve got in order to get the best possible outcomes in your case. Call our San Diego office for a confidential consultation today.

 

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