People accused of breaking the law may not know how to respond. A sudden arrest can leave an individual scrambling for answers and afraid about the future.
Those facing criminal allegations frequently make mistakes that impact their legal prospects. The five common mistakes explained below can have a major negative impact on a defendant.
Pleading guilty instead of plea bargaining
It is shockingly common for criminal defendants to enter guilty pleas. According to nationwide research, the vast majority of criminal charges result in a guilty plea or a plea bargain. Plea bargains negotiated by lawyers may result in lower charges or reduced penalties for the defendant. Guilty pleas entered without any state concessions leave a defendant at the mercy of the courts regarding their sentence.
Trying to explain after an arrest
Most criminal defendants are at least vaguely aware of their Miranda rights. Many people still fail to use those rights after an arrest. Some people think that they can develop a rapport with police officers that could help them avoid prosecution. Waiving the right to remain silent to try to provide an explanation for the situation can be a major mistake.
Waiting to hire a lawyer
There is a reason that police officers who intend to question someone have to notify them of their right to remain silent and their right to a lawyer. An attorney’s presence during questioning and in the early stages of criminal prosecution can be invaluable. Those who wait too long to hire an attorney can make mistakes that limit their options later.
Limiting defense strategies
There are many different types of defense strategies that attorneys can help clients develop based on their circumstances. Some defendants feel averse to specific types of defense strategies. For example, a defendant may resist the suggestion that they mount an affirmative defense because they don’t want to admit to engaging in certain behaviors. Defendants who refuse to consider certain defense tactics can put themselves at a disadvantage.
Behaving casually in court
Authenticity is an admirable personal trait. That being said, professionalism is critical for the best outcome in most criminal court cases. Defendants may need help preparing an outfit and managing how they appear in the courts. They may need support communicating in an effective and respectful manner. Wearing casual street clothes and engaging in informal communications while in court can directly influence the perception of jurors, judges and others with authority in a criminal case.
Learning from the common mistakes people make when facing charges can be beneficial for those hoping to fight criminal allegations. Defendants who have proper support and who avoid common mistakes have the best chance of limiting their consequences or avoiding a conviction entirely.