Common Mistakes People Make After Arrest – And How to Avoid Them

You’ve probably heard a lot about what you should do if you’re arrested. Your friends or family might have offered advice, or you might have learned things by watching television shows or movies. However, are you sure that what you know is accurate? 

Sadly, much of what you’ve heard is probably not helpful. In fact, it could make a bad situation – an arrest – even worse. 

This article explains common mistakes people make after an arrest. It also explains how people can avoid these mistakes. Finally, it explains how a Marin County defense attorney can help you with any mistakes. 

Mistake #1 – Talking to the Police After Arrest Without an Attorney

Once you are arrested, the police must inform you of your right to remain silent. In movies and television shows, the suspect often begins speaking immediately after the warnings are read. As a result, many people think that talking to the police is no big deal. It might even help “clear things up,” as the police often say. 

Despite what you may have seen or heard, you should never talk to the police without having an attorney present.

First, “clearing things up” is not a good idea. As the Miranda warnings state, “Anything you say can and will be used against you in a court of law.” This is true. What you think is a simple, innocent explanation could be used to prove your presence at the scene of the crime, your relationship with the victim, or any number of things that could help the prosecution.

Second, police often develop “tunnel vision.” This means that once they start to focus on a particular suspect, they usually stay on that suspect. They will even look for evidence that confirms their tunnel view rather than looking for contradictory evidence. So, saying something that draws the police’s attention to you could be a fatal mistake. 

To avoid this mistake, the moment you are arrested, say, “I wish to exercise my right to remain silent.” You should also say, “I would also like to have an attorney present.” 

Mistake #2 – Consenting to a Search

The Fourth Amendment says that the police cannot conduct a search without a warrant. However, there are several exceptions to the warrant requirement. If the suspect agrees to the search, the police don’t need a warrant.

If the police ask for your permission to search you, your property, or your home, you have the right to refuse. You should absolutely exercise that right. Specifically, because smartphones contain so much location data and other information, never agree to a search of your phone.

If the police say that they’ll come back with a warrant, fine. A warrant limits where police can search, so it protects your rights better than a consent search.  

Mistake #3 – Talking About the Case 

Going through a criminal case can be unnerving. It’s normal to seek support from friends and family. However, you should not discuss the specifics of your case with anyone. The conversation could be introduced in court or lead the police to new information. So, be careful when: 

• Talking on a recorded line from jail 
• Talking to your cellmate
• Posting about the incident on social media

Don’t help the police build the case against you by giving them additional evidence. 

Mistake #4 – Destroying Evidence 

In fiction, when the suspect learns that the police are onto them, one of the first steps they take is to find and destroy the evidence. In real life, destroying evidence is illegal. The California Penal Code forbids people from disposing of physical evidence such as clothing and documents. This law also applies to digital items like texts and social media posts. 

If you know that the police are investigating you, your best bet is to leave any potential evidence alone. 

Mistake #5 – Contacting the Alleged Victim 

Many people think that if they can just get the victim to see their side of things, everything will be okay. This is not true. In California, it is illegal to contact a victim or witness to convince them not to testify. Even if that’s not your intent, the person you talk to – and more importantly, the police – could interpret the conversation in that way. Avoid additional criminal charges by staying far away from the victim. Don’t make any calls, send any texts, or communicate in any other way.  

Mistake #6 – Violating the Conditions of Your Pre-Trial Release 

After your arrest, the judge will decide whether you should be released on bail. But people who are released on bail must comply with certain conditions. If you don’t, your bail could be revoked. Also, the judge can consider any bail violations during sentencing.

Protect yourself by following the conditions of your release to the letter. 

Mistake #7 – Acting Out in Court  

Judges are professionals who have sworn to follow the law. However, they are still human beings who notice things. Make a good impression by arriving at court on time. Dress like you would for a job interview. These small things let the judge know that you are taking things seriously. 

Mistake #8 – Waiting Too Long to Contact an Attorney 

People wait to hire an attorney for many reasons. Some believe that their case will “blow over.” Others think that a lawyer is only necessary if you’re facing a felony charge. Still others think that they don’t need a lawyer until formal charges are filed. None of these are true.

First, cases usually don’t “blow over” without significant pressure from the defense. 

Second, misdemeanors can still carry serious consequences. Many misdemeanors can be punished with jail time. Even if jail isn’t on the table, misdemeanors can upend your life. For example, a misdemeanor DUI can lead to the loss of your driver’s license and other bad outcomes.

Finally, you do not have to wait for formal charges to be filed before hiring an attorney. In fact, police often ask people to participate in voluntary interviews before charges are filed. Contacting an attorney early on provides support at many crucial points in the criminal process. Your attorney can help you by: 

• Challenging the charges  
• Arguing for favorable bail conditions
• Investigating and collecting evidence
• Filing motions to exclude evidence that the police collected illegally
• Leading plea negotiations
• Requesting sentencing options such as diversion
• Building a strong defense
• Arguing for a fair sentence

If you need a Marin County defense attorney to guide you through your criminal case, contact Brownstein Law Group. We fight aggressively for every client, and we’ll fight hard for you. Schedule an appointment today by calling 415-965-6183 or clicking here.