5 Mistakes to Avoid When You’re Charged With a Criminal Offense

A criminal conviction can carry some serious penalties involving fines and jail time. If you’re being charged with a criminal offense, you should do everything possible to support an optimal case outcome and avoid the following mistakes.

  1. Never attempt to represent yourself

The minute you find out you’re facing criminal charges, you need to contact an attorney. Don’t skip this step, and don’t put it off. There’s too great a chance that you’ll do or say something wrong that can hurt your case when you’re in the custody of law enforcement, and a criminal defense lawyer will ensure you don’t fall into this trap. 

  1. Don’t talk to the police without a lawyer

There are many reasons you should never talk to the police without a lawyer present to guide you and protect you during the process. For example, it doesn’t matter if you’re going to plead guilty in the end because if you talk to police too soon, you could lose the chance to get your sentence reduced. Also, even if you share information the police already know, that can be used against you in ways that wouldn’t happen if you stayed quiet. 

  1. Don’t post about your case on social media

At all costs, avoid posting about your case to any social media channels, including Facebook, Twitter, YouTube, and even your personal blog. Don’t post content or comments about your case anywhere. Don’t think you’re safe if your account is private. There’s a chance you might be required to provide your account login for court. If anything is discovered publicly or privately, it will be used against you. 

Many people have found out the hard way that posting to social media with a pending case is a bad idea. You would be surprised to learn what the prosecution might use against you. For example, you might post an innocent photo of your dog, but in the background, you could have a pair of shoes that match footprints found at the scene of the crime. You won’t be thinking about these details, but investigators and attorneys are trained to spot these details.

In fact, you should avoid posting anything to social media, even if it has nothing to do with your case. The prosecutor can and will dig up anything and everything they can find on your account and use it against you in court. Even photos and posts that seem completely unrelated and innocent might end up being used to aid in your prosecution. It’s best not to engage anyone on social media at all while your case is pending.

  1. Don’t contact any potential witnesses

The minute you find out someone is a potential witness in your case, do not contact them in any way, including online or through text messages. Even if it’s completely unrelated to your case, that contact has the potential to get you in a lot of trouble for witness tampering.

Witness tampering is serious. If you harass, threaten, or physically harm someone in an attempt to get them to either not testify against you or alter their testimony, you could face a sentence of up to 30 years in prison, or even get a life sentence, depending on your offense. If you contact anyone for any reason, the prosecution may argue that you were tampering with a witness, so it’s best to cut off contact completely. If you need to make an important communication, talk to your attorney about how to proceed.

  1. Don’t throw anything away

You have an expectation of privacy with items in your car and your home. If police want to take something, they need to follow procedure and get a search warrant. When you throw something into the trash, you lose that expectation of privacy. Police can go through your trash and take whatever they find without a search warrant.

It’s also a crime to destroy evidence, which includes throwing it into the trash. In some states, tampering with evidence can be charged as a felony. Even if you have something incriminating in your possession, legally, you need to preserve it and comply if you receive a subpoena.

Listen to your lawyer

No matter what happens, listen to your attorney. They’re there to help and get you the best case outcome possible. Allow yourself to be guided by their expertise, because they know what to expect and will always have your best interests in mind.