Category: Criminal Charges

The Mistakes You Should Avoid When Facing a Criminal Charge – Guest Post

   

Being charged with any criminal offense is the most traumatic experience. Generally, criminal charges result in hefty fines, imprisonment, etc.

If you find yourself in this situation, then it is important to get legal assistance. Law firms like Fedalei & Reid Law LLC can help you fight against the criminal charge.

In this circumstance, you should be conscious and careful about what you do. Suppose you are facing criminal charges for the first time, then this blog post can help you. This blog post helps you be aware of the mistakes you may make when facing any criminal charges.

Running Away from the Police

When the police arrive to arrest you, you should never run away from them. At the same time, you should not panic when answering them. The police will ask you not to travel outside of the state.

If you avoid this mistake, then it will improve your chances of winning your criminal case. You may even get reduced sentence in some situations.

Discussing Everything with Police Officers

One of the worst mistakes is discussing the criminal charges with the police officer. Because anything you say can be used against you as evidence in court. That’s why you should have to be very careful and remain silent.

Before giving any statement to the police, it is always better to consult with a criminal defense lawyer. They will guide you perfectly.

Posting About the Criminal Charges on Social Media

You should never post anything about your criminal case on social media. This can help you protect your confidentiality and privacy during the criminal case. It is also important to avoid sharing comments and photos about your criminal charges.

At the same time, you should never accept friend requests from untrustworthy strangers on any of your social media accounts. If you avoid this mistake, then it can prevent the negative impact of your criminal case.

Not Being Honest with Your Attorney

If you are facing a criminal charge, then you should have to be transparent with your attorney to win your case. Suppose you hide the truth from your attorney; then they cannot help you.

If the attorney doesn’t know the entire truth, they cannot prepare proper defenses. Also, the opposition may find out what you are hiding and can expose it. In such a situation, your lawyer will be unprepared.

Agreeing the Plea Deals

Most likely, you will think of overcoming this situation quickly and moving on with your life peacefully. But agreeing to the plea deal can make your situation even worse than before.

If you agree to the plea deal without the knowledge of a lawyer, then it will lead to long-term consequences such as additional penalties or fines, jail time, or losing your legal rights. Your lawyer will guide you on whether to accept the plea deal or not.

Criminal Charge

Failing to Take the Case Seriously

You might think that your case will not have serious consequences. But you have to be careful when you are charged with a criminal offense. If you leave the case as it is and do not show up in court, then you will suffer additional penalties and charges.

This mistake will weaken your defense strategy. Then, you will lose the respect of the court. It is always better to get legal assistance immediately and consider the criminal charges seriously.

Wrapping Up

We believe our blog post has helped you understand the common mistakes when facing criminal charges. We hope you understand how these mistakes can affect the outcome of your criminal case.

It is always advisable to hire an experienced lawyer to protect your rights and interests. Facing criminal charges is not an easy thing to do, so act fast.

Defending Your Rights When Facing Criminal Charges – Guest Post

  

Facing Criminal Charges

Defending yourself against a criminal charge can be an uphill task. Even something as simple as a DUI can turn out nasty if you are not careful with how you approach it. You need to do everything possible to defend your rights because every criminal charge comes with hefty fines, penalties, and jail terms if you are found guilty.

When a criminal charge has been filed against you, make sure you do everything possible to defend your rights. Hiring an experienced DUI attorney can be a good starting point for your defense. The attorney will help you understand the different elements of the crime you have been charged with and the defenses you may have.

Most importantly, you need to be fully aware of all your rights and don’t allow anyone to violate them. After all, you remain innocent until proven guilty. So, what rights are guaranteed under the Constitution of the United States that you need to defend? Let us find out.

1.    The Right to Remain Silent

When law enforcement officers or the jury questions you during court proceedings, you have every right as the accused person to refuse to answer questions or comment on certain things if you don’t want to.

Remaining silent can be a powerful tool, especially if you think that whatever you say may be used against you. So, your silence is a way to avoid self-incrimination as outlined in the Fifth Amendment to the United States Constitution.

2.    Right to Leave

If you are not under arrest and haven’t been given your Miranda rights under the Fifth Amendment to the Constitution of the United States, you can and should definitely leave. However, if a law enforcement officer stops you, be sure to oblige because you are unsure if they want to arrest or question you.

So, the best thing is to stop and ask the officer what they want. If they say that you are not under arrest, feel free to leave and contact an experienced criminal attorney right away to help you determine your next course of action.

3.    The Right to an Attorney

The Sixth Amendment to the U.S Constitution guarantees that every criminal defendant has a right to be represented by an attorney of their choice. If the defendant can’t afford to hire an attorney, the state must provide one for him or her at no cost at all.

Remember that the right to representation isn’t limited to criminal charges alone. You have a right to legal representation no matter the type of charge you are faced with.

As long as you are charged in a court of law, the constitution grants you a right to have an attorney every step of the way, from the moment you are arrested/ summoned right through the appeals process after conviction.

4.    Right to Privacy

Your right to privacy is outlined under the Fourth Amendment to the U.S Constitution, and you shouldn’t allow anyone to violate it.

Under this amendment, you have a right to be fully protected from unreasonable searches and property seizures. Unless the law enforcement officers have a valid search warrant, you have a right to refuse to allow them to search your property, car, or anything else that belongs to you.

If they insist on searching your property without a valid search warrant, call an attorney immediately and let him/her help you protect your rights.

5.    The Right to a Fair Trial by Jury

If you are accused of committing a criminal offense, you will most likely be arrested and charged in a court of law.

Under Article III, Section 2 of the Constitution of the United States, you have a right to a trial by a jury. The same right is reiterated under the Sixth Amendment. And it is not just a fair trial by a jury; the trial must be public and speedy.

However, in a landmark ruling of the case between Baldwin vs. New York, 399 in 1970, the Supreme court made it clear that only serious criminal offenses that carry a potential jail sentence of more than six months merit a trial by jury.

It means that petty offenders will have no other option but to settle for a trial by a judge. But the trial must still be fair and speedy.

What Should You Do If the Police Want to Interrogate You?

If the police bring you in for questioning, don’t go alone. This is the right time to exercise your right to an attorney to ensure you don’t give out information that could be self-incriminating.

If you haven’t hired a criminal attorney yet, be sure to do so immediately before you have any further discussions with the police.

Sometimes, the police may insist that they want to interrogate you even if you don’t have an attorney. Don’t fall for their tricks. Instead, remain firm and insist that you can only be interrogated in the presence of your attorney.

They will most likely yield to your demand and allow you time to hire an attorney or give you a chance to seek the services of a state-provided attorney.

Remember that police officers are fully trained to use different tactics to make suspects talk to them and give out critical information. Your attorney can spot such tactics instantly and help you avoid them.

Your attorney will also provide you with helpful tips on how to handle the police questions given your specific situation. They will help you remain calm and handle the queries with confidence.

Don’t Assume Law Enforcement Officers Always Plays by the Rules

One of the biggest mistakes that most people make when they have been accused of criminal charges is believing that the law enforcement officer will do everything properly and legally. Unfortunately, that is not always the case.

In most cases, law enforcement officers fail to adhere to the constitution, especially when conducting searches and seizures. When such violations of your rights are discovered, be sure to inform your attorney so they can address the matter in court.

If you suffered from excessive force or were treated outrageously by the law enforcement officers, don’t be afraid to speak up. These violations must be fully addressed and responsible officers held accountable for their actions.

Author Bio

Naphtal is the brand manager at Legal Giant and a highly experienced content writer. Legal Giant is a leading car accident law firm with clients all over the US. When Naphtal is not working, he enjoys spending time with his son and exploring nature.