Being charged with a crime can be overwhelming. Learn important steps to take, from remaining silent and contacting a criminal defense lawyer to avoiding social media and protecting your case.
Being charged with a crime can be a disorientating, scary experience, but it’s important to take the right steps towards clearing your name — and that process should begin within the first 24 hours.
All too often, people charged with a crime end up making a few common mistakes that make their job — and their lawyer’s — more difficult. Mostly this happens because they follow their instincts, which rarely point them in the right direction.
Instead, it’s best to take a methodical approach in the first 24 hours. Even though things might be scary, taking the following steps will put you in the best possible position for a favorable outcome.
Stay Calm
It’s easy to fall into panic mode when you’re charged with a crime, but that mindset can often lead to bad decisions that can be difficult to undo later.
We’ll talk about some of the consequences of those decisions later in the article, but the bottom line is that now is the time to slow down and think, not act. Taking action — such as trying to fix the problem immediately — will be your first instinct, but now’s not the time for that.
Remain Silent
Anyone who has seen a legal movie or TV show knows the line: anything you say can and will be used against you. It sounds like a cliché, but it’s not. Whatever you say really can be used as evidence.
The mistake people make is attempting to talk or explain their way out of the situation, but that rarely has any positive impact. In fact, it nearly always hurts. So even though remaining silent may go against your instincts, it’s absolutely the right approach.
One final note: remaining silent refers to formal and informal questioning by law enforcement. Some people stay silent during the formal questioning, only to open their mouths during normal conversations.
Contact A Criminal Defense Lawyer
The earlier you contact a lawyer, the better. That’s the golden legal advice that really can have a big impact on the trajectory of your case, for the simple reason that the earlier your lawyer gets involved, the more they can do. It becomes increasingly difficult to track down witnesses, gather evidence, and negotiate with the prosecution if too much time lapses between being charged and bringing them on board.
As well as when you hire a lawyer, it’s also key to think about who you hire. While general practice attorneys are fine for misdemeanor crimes, more serious charges such as sex crimes or homicides will require a criminal defense lawyer that defends against sex crime charges or a homicide defense attorney. Most offer a free consultation, so you can get a feel for the attorney before agreeing to work with them.
Understand What You’ve Been Charged With
As we said above, being charged with a crime can be an overwhelming, intense experience. And that can make understanding what you’ve been charged with a lot more difficult than many people assume it will be.
It could be that you were only told the charge verbally and that you’re relying exclusively on your memory. Some people also make the mistake of looking up their charge online and assuming that they’re facing the worst-case scenario that comes up in the search results. It’s also possible to downplay a charge because it sounds minor, when it’s actually a lot more serious.
Your lawyer can help you to understand the exact charges that have been brought against you, and if they carry any consequences that kick in immediately — people facing sex charges, for example, can have their professional licensing suspended with pending charges.
Recall What Happened
Memory can be pretty unreliable anyway, but it’s especially unreliable under stress. Waiting too long to recall/write down your version of events increases the chances of valuable information, such as potential witnesses and key details, being overlooked.
You can speak to your lawyer about how they want you to record your events. Some will ask you to write it down and give it to them; others will have their own preferred way. In any case, if it is recorded physically, then make sure that it’s not discoverable by others.
Avoid Contacting The Alleged Victim
This point links back to what we’ve been saying throughout the blog about resisting the temptation to make things right.
Many people charged with crimes feel that they should get in touch with the alleged victim as a way to explain their side of events, or even to apologize if they felt hurt in any way. However, no contact is the right way to go. There’s very little good that can come from communicating with the alleged victim, but it can create additional headaches that are difficult to undo. For example, it could be interpreted as attempting to intimidate a witness or be considered witness tampering, which not only would harm your case, but could also bring additional charges.
Stay Off Social Media
There can also be a temptation to turn to social media as a way to set the story straight. When you’re facing a crime, there can sometimes be social repercussions as well as legal ones. As a result, some people try to win the court of public opinion by sharing posts that might do a little to curry favor with friends and family, but which actively harm their case.
The best approach is to simply go dark. That means no posting, no liking, no deleting old posts. Just stay away from social media entirely, and ask your loved ones not to post about you either.
Lean On Your Support Network
Being charged with a crime can feel like a lonely, isolating experience, and it’s important that you make the most of your support network. With that said, it’s important to be selective about who you turn to. Only lean on people who you know will be in your corner no matter what, and even then, it’s best not to reveal too much about the details of the case.
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