When someone is accused of a crime, they often feel overwhelmed and intimidated, which can lead them to make common mistakes in criminal cases that may harm their legal process. It is essential to know what to do—and what not to do—if you’re accused of a crime.
Discover the common mistakes in criminal cases to avoid if you have been accused of a crime
1. Talking to the Police Without an Attorney
One of the most common mistakes people make is speaking to the police without a lawyer. It is very common for people to get nervous in these events, you may feel compelled to answer questions in an attempt to “clear things up,” but remember: anything you say can be used against you. Even innocent or offhand comments may be interpreted in ways that work against you. Politely tell the police you won’t be answering questions without your lawyer present.
Tip: If you’re asked to come to the police station for a “friendly chat,” this isn’t as informal as it sounds. Exercise your right to consult a lawyer before any discussion.
2. Not Taking Your Right to Remain Silent Seriously
Many people are tempted to explain their actions or defend themselves in these kinds of stressful situations. However, in Florida and nationwide, you have the constitutional right to remain silent. The less you say, the better. The prosecution can use your statements against you—even things you say out of frustration or confusion. Remaining silent until you have an attorney present will always work to your advantage.
3. Posting on Social Media
Remember everything you post on social media can become evidence. Photos, videos, check-ins, or comments might be interpreted in ways you never intended and could harm your case. It’s safest to avoid social media altogether if you’re facing criminal charges.
Tip: Ask friends and family members to avoid discussing your situation or tagging you in posts. This is especially important if you’ve been charged with crimes that may draw media attention.
4. Destroying or Concealing Evidence
Some people try to remove potential evidence from the scene or conceal certain items to avoid suspicion. However, tampering with or destroying evidence is a serious offense in itself and can result in additional charges. Even if you think something looks incriminating, refrain from interfering with it, and let your attorney review it first.
5. Ignoring Court Orders or Conditions of Release
In Florida, if you’re released on bail, you’ll likely have conditions to follow—like staying away from certain people or places. Ignoring these conditions can lead to your bail being revoked or additional charges, which can complicate your defense. Show the court that you’re taking the matter seriously by fully complying with all release conditions and court orders.
6. Choosing Not to Hire a Lawyer Right Away
Many people feel they can handle things alone or are hesitant about attorney fees. However, delaying hiring a criminal defense lawyer can result in missed opportunities to build a strong case from the beginning. An experienced attorney knows how to navigate the legal system, negotiate with the prosecution, and uncover evidence that could lead to a favorable outcome.
Contact a Criminal Defense Lawyer
Being accused or convicted of a crime can feel like a major setback, but it doesn’t have to define your future. With the right legal representation, you can protect your rights, minimize the impact on your employment prospects, and explore options for clearing your criminal record. Whether you’re dealing with a criminal record in Florida, Miami-Dade County, or Broward County, getting the right help is crucial.
Criminal defense lawyer Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.