Avoid Costly Mistakes After an Arrest

Panic is a pretty common reaction if you’ve been arrested in California. You start to anticipate many outcomes, and none of them are good. While it is completely understandable to be frightened and confused after an arrest, it can also be very dangerous. People make mistakes in the first 48 hours after an arrest that cause more problems than all the evidence the prosecution could possibly muster against them.

The easiest way to avoid these common mistakes is to start working with a dedicated criminal defense attorney as soon as possible. A knowledgeable lawyer who is working with you personally can provide advice and representation that you simply cannot get from a generalized blog like this. But to get you thinking, here are some of the mistakes we routinely see and how you can help prevent them.

Mistake #1: Thinking You Can Explain Your Way Out

If you are a reasonable person, it makes sense to expect that an explanation can solve a problem when your actions have been misunderstood. In the world of work and social interactions, that is often true. But it doesn’t work that way at all if you’ve been accused of a crime.

Once the wheels of prosecution are set in motion, there is a team dedicated to securing a conviction. Tunnel vision is common, and police often conduct an investigation to confirm their hypothesis about what occurred, rather than to determine the facts.

When you try to provide a helpful explanation or justification for your actions, you simply give them fuel to add to the fire of their prosecution. Your words will be used against you in ways that may surprise you. It is far safer to keep your mouth closed until you can talk to an attorney. And then let your attorney speak on your behalf whenever possible. Experienced defense attorneys know the tricks that investigators and prosecutors will try to use to build a case with your words. We know how to shut them down while still following the rule of law.

Mistake #2: Consenting to Voluntary Searches

Police in California usually need a warrant or probable cause to search you, your car, or your home. These Fourth Amendment requirements protect people from unreasonable searches. However, people often waive their Fourth Amendment rights by consenting to a search. In many cases, they believe they can benefit by showing that they have nothing to hide.

However, police find all types of “evidence” to point toward your guilt that you might mistakenly believe to be harmless. The biggest problems often arise when people consent to police searching the data on their phones. This gives police access to an amount of information that is simply staggering, and it can prove extremely harmful. Police can trace your movements and communications and draw unwarranted conclusions that they can use to make you look guilty, even when you are entirely innocent.

Mistake #3: Using Social Media as a Diary

Many of us post information about aspects of our personal lives on social media as if we were writing in a diary. We share great news and look for sympathy when things go wrong. It makes sense to want to feel connected with friends and to have someone to commiserate with about the hardships you’ve been going through. 

If you’re suffering from an illness or rejoicing over your child’s high school graduation, go ahead and share away. But if you’re worried, angry, or frightened about an arrest, then stay away from social media. Even if you think you have good news to share about the incidents connected with an arrest, do not post anything.

Information from any posts on social media can be twisted out of context and used against you. Social media is one of the easiest places for law enforcement investigators to track you and your interactions with others. You don’t want to give them anything they can make into ammunition, and the most effective way to do that is to stay off social media.

Mistake #4:Discussing Your Case with Anyone Other Than Your Lawyer

There are so many things you want people to understand if you’ve been arrested. So it’s natural to want to explain. And the experience is frustrating, so you need to vent. You may be frightened about what could happen. You may have questions. You might even notice how the process in real life is so different from how it is depicted on TV. There may be a million reasons that you want to talk to people about the factors involved in your case.

And if you’re smart, you will ignore every one of those reasons and resist the urge to share. The only safe person to talk to right now is your lawyer for a variety of reasons. To begin with, conversations between you and your attorney are protected by what is known as the attorney-client privilege. Law enforcement officials and courts cannot force you to reveal anything you and your lawyer have discussed. This allows you to discuss hypothetical situations that could otherwise be damaging if overheard and misconstrued. It also allows you to be candid with your lawyer without worrying.

The protections that apply to those conversations do not apply to discussions you have with friends or most family members. Prosecutors can subpoena them to testify against you. Or they might accidentally share information you wanted kept private. Some phone calls you make will be monitored and recorded, so it is important to be particularly careful to avoid saying something that could be used against you. Working closely with an attorney gives you a safe ally to talk to. An experienced defense attorney can also provide advice to help protect you when you are speaking with others.

Mistake #5: Contacting the Alleged Victim or Witnesses

There’s a very good chance that many of the things being said about you are misleading. It’s quite likely that the version of events going around is flat wrong. And you were probably justified in doing many of the things you did. So you want to set the record straight. You want people to understand.

But for legal and practical reasons, you cannot make your explanations now, particularly not to people involved in the case. There will come a time to help those involved understand what truly happened and why. But you will have to wait, or you can get in a lot of legal trouble. If you try to contact witnesses or the person alleged to be the victim of your supposedly wrongful actions, you will violate the rules, and you could be subject to severe punishment. 

It is important to understand what actions and communications are prohibited and to abide by the rules strictly. Your attorney can assist if you have questions or need to make contact with someone. Even if an issue is completely unrelated to the case, making contact with the wrong people during this volatile time can get you in a lot of legal trouble. Additionally, it makes you look dangerous or as if you lack respect for the law, which can cause the judge to be prejudiced against you right from the start.

Mistake #6: Missing Court Dates and Ignoring Deadlines

When you’ve been arrested on suspicion of committing a crime, you are legally considered innocent until proven guilty. But that won’t prevent some people from assuming the worst about you. This is a time when your reputation is extremely fragile, and you need to support it by being a model law-abiding citizen. 

This starts by paying attention to requirements and following them. If you’re required to appear in court, make sure you’re there. Set up multiple reminders. Have a backup transportation plan. If you fail to appear in court and your attorney doesn’t appear with a good legal excuse, the judge may issue an immediate bench warrant for your arrest.

It is important to comply with key deadlines. For instance, to prevent your license from being automatically suspended after a DUI arrest, you need to request a DMV hearing within 10 days. If you miss a deadline in any type of criminal case, you usually do not have the opportunity to “try again.”

Mistake #7: Destroying Evidence

Whether intentionally or accidentally, people hurt their legal cases all the time by destroying evidence related to the case. Sometimes it’s a panic reaction. Other times, it happens because people don’t realize how broad the concept of “evidence” really becomes. Mistakes include:

• Deleting emails or text messages
• Hiding or discarding something that could have been used as a weapon
• Closing social media accounts
• Flushing drugs down the toilet
• Throwing out old papers
• Burning clothes
• Destroying a computer or phone
• Overwriting, altering, or deleting video
• Deleting data files

These actions are also described as spoliation of evidence. Destroying or tampering with evidence is treated as a separate and additional crime in California. 

Rather than trying to hide or get rid of articles or information that you think could be used against you, it is much better to share the information with your attorney. Your lawyer can ensure that you comply with all legal requirements. Even better, your attorney can analyze the evidence to determine how it can be used to support your defense.

Mistake #8: Delaying Professional Legal Representation

Many times, people who have been arrested assume they can get out of it quickly. They wait to contact a lawyer until it becomes apparent that the matter is much more serious than they expected. Between arrest and the acquisition of legal representation, the accused has missed numerous opportunities to assert their rights and defend themselves. They may have said something self-incriminating. They may have consented to an unnecessary search.

When you contact an experienced criminal defense lawyer right away, you can get advice to protect yourself. You gain an ally and advocate who can speak for you and tell you when it is best not to answer. Depending on the situation, your lawyer may be able to convince prosecutors that they don’t have a good case against you and thereby prevent charges from being filed. Your lawyer can negotiate in various ways to improve your treatment and chances for a successful outcome. All these advantages are lost if you wait too long to secure professional legal representation.

Berkowitz Law Fights to Protect You Every Step of the Way

When you’ve been arrested on suspicion of committing a crime, you certainly need to avoid mistakes that put you at a disadvantage. But ideally, you need to do even more than that. You want to take positive steps to protect yourself and start building your defense. The easiest way to accomplish those objectives is to find the right attorney to provide advice and representation. Having an attorney by your side throughout the process also helps you breathe easier. Your attorney can guide you through each step, explaining what will happen and helping you understand the ramifications of your choices in the proceedings so that you can make informed decisions. 

Most cases settle at some stage, but before accepting a “deal,” it is vital to understand how it could affect you in the future and whether there are better alternatives available. A dedicated defense lawyer will work toward the outcome that is in your best interests.

It is a good idea to secure legal representation as soon as accusations arise, but it is important to choose the right defense lawyer. You want a legal advocate who will take the time to listen to you and work hand in hand with you while fighting fiercely to achieve the most positive results for your future.

At Berkowitz Law, we have extensive experience securing clients’ rights in and out of court, and we focus on providing personalized service throughout the case. Some attorneys see only legal issues. We know that you are so much more than just a legal case to be closed. You deserve the best advocacy and the best available solution. To learn how we can help you avoid mistakes and achieve a positive outcome after an arrest or criminal accusations, contact us online now to schedule a private consultation.