Most people don’t know what to expect when they are questioned by police or arrested. They often make mistakes that hurt their case down the line, even if they’ve done nothing wrong. Texas criminal defense attorney Franklyn Mickelsen wants you to be prepared so you can avoid these five common mistakes:
Mistake #1: Make admissions to the police without the assistance of a lawyer
You’ve been arrested. You know you’re in trouble, and the police are authority figures; it’s instinctual to try to appease them. Officers will encourage you to talk to them about the problem or incident, assuring you that everything will be easier if you just come clean. It is always a mistake to do so.
The police are allowed to mislead a suspect during an interrogation, so it’s likely they’re not telling you the truth. Anything you admit can be used as evidence against you and can weaken your position if you are ultimately charged with a crime.
Mistake #2: Provide explanations or exculpatory information to the police without the assistance of a lawyer
You believe this is all a horrible mistake. You think you can explain the situation to the police, and they will realize they’ve made an error in arresting you. This almost never happens.
The police consider you a suspect. They have made an arrest based on information they consider reliable and, as a result, they will discount any explanations you give. When you provide an explanation, their recording of your statements will often be inaccurate or incomplete, and it will be more difficult to present your explanation as defense in criminal court. Although there are exceptions, in general, it is safer to keep quiet until you have the assistance of a criminal defense lawyer.
Mistake #3: Agree to cooperate without the assistance of a lawyer
If you have been involved in some illegal activity, the police may offer you the option of cooperating. Do not agree to this without the assistance of a lawyer. If the police want your cooperation on the day of your arrest, they will still be interested in your cooperation tomorrow. An experienced lawyer will protect your rights during the process and give you valuable advice about the realistic outcomes that might arise from your cooperation.
Mistake #4: Wait to hire a lawyer until after you are indicted or formally charged
If you have been arrested, hire a lawyer as soon as you get out of jail. The earlier the lawyer is on the case, the better your chances of a favorable outcome.
Mistake #5: Hire a lawyer who is also your bail bondsman
In most states, lawyers may not act as bail bondsmen. However, this is not true in some states, such as Texas. The problem with your lawyer being a bail bondsman is that your lawyer then has a financial stake in your appearance at court. If you make your lawyer nervous, he can request relief from financial responsibility should you fail to appear in court, resulting in your arrest.
You should always avoid the possibility of working with a lawyer whose financial interests oppose your interests. When you are being prosecuted for a crime, you need an advocate with nothing but your best interest at heart.
15 comments
Been Arrested? These Are Some Mistakes You Need to AvoidNewsInGeneral
[…] If you are ever in a situation where you get arrested, you need to know what you should and shouldn’t do. There are mistakes that a lot of people make when they get arrested. And you need to try to ensure you don’t make them. […]
corrina
Well now iv seen a lot n my past w police and how they r straight dirty! Do they lie??? Hell yes they do! All the time! Iv seen situations where they smooth talk a nervous suspect or individual being arrested on charges. So the way they work now is to use that vulnerable person by getting them to tell on Sumone else n trade for their freedom... First of all, if the person is willing to do the crime, they had better be prepared to do their time I feel.... Why take Sumone else down because u screwed up?! There wld be a hell of a lot less arrests and less over populated prisons if people didn't get weak and tell or snitch on everyone! Its not suppose to work that way. Come on people?! Jail or prison won't kill u I promise!!! Back to trading another for ones freedom from incarceration... OK , so they talk crap until u give n and snitch. Wat happens next n reality?! Well u now r looked down upon by the police themselves as a very weak, unloyal to ur friends, 2 faced punk w no personal ethical codes toward standing behind wat u believe in, or not having ur own peoples back. So now UV lost any type of possible respect from the authorities, UV turned on ur own people, and ur still going to do time... Yep! They lie! They may tell u that u can just walk away if u cooperate by ratting for us, but after u do, ur still going to remain cuffed up and taking to ur jail cell. I promise!!! Only now, HA! U get to walk n2 the jail or prison w a rat jacket, as it has been defined for many decades or centuries even. Wat happens then??? Oh u no , u get beat up on a regular daily basis... To the extreme of near death. Do u think ur going to be protected n there??? Oh hell no!!! Sorry, but no. There r way too many inmates in a prison for any prison guards to keep way the onmayes r going to put u thru from happening. After being stabbed repeatedly, if u live, u may get sum medical attention and next get PC'd up. "Protective custody" that is. Where ur doing ur stay there n a solitude confinement cell. Which means no human communication. Just sitting for mths, years, or ur entire life by itself for the most part. How very lonely and depressing that wld be....many Men and women lose their minds inside that place. U get no sympithy from a soul.... God is the only one listening at that point! So, my point is.... The cops r ur enemy! They r corrupt! And they don't give a damn about u or any of us! Wat it comes down to, is the system just wants us all locked up behind bars anyway... This is fact! And this situation is approaching w a quickness! Believe that! So man up and do ur own time! Or, don't do the crime!!! Good bye & I hope the best for everyone... Stay strong! Wat can man do to u? Nothing that won't come to an end... Remember... " This too shall pass" we never u find itself n a uncomfortable, unfamiliar or a familiar situation. U opened that door to enter and it will open up again to set u free.....
doc holiday
Why not just stay LEGAL and avoid the police??
Law Abiding Citizen
Pretty naive, Doc.
Doug
Really? I mean, really? What planet do you come from ?? Why not simply stay healthy and avoid illness while you're at it? Police abuse is at epidemic levels, not only here in the U.S. but globally. Be prepared.
Zina
"Staying legal" does not always ensure that one will avoid the police. And whether one is guilty or innocent, this kind of advice is important to make available - because once you have been arrested, it's a bit late for your useless advice! You're like the folks whose advice for unplanned pregnancies is to "use birth control." Too little too late, lol.
Mental Health Counselor
As a counselor I've seen some pretty questionable arrests: A neighbor with mental illness "out to get" someone let the dog out of the gate and then called the police saying the "vicious dog" (a puppy) was running free and attacking her so after petting the puppy they arrested the owner, another person I met called the police because her ex-husband had beaten her children (she showed me pictures) so they arrested her and gave the children to him. Did you know if you don't see the police put on his lights and drive off it's a felony? I have heard multiple times of police dropping drugs on the ground and then arresting someone (don't know if it's true), but if you are in a car with someone else who has a marijuana roach on them, you could get arrested.
TRaymond
Hmmm.
Sponsored by the Lawyers Relief and Full Employment Department of Redundancy Department?
John Melendez
Rule 1. Never ever talk to police.
Rule 2. See rule number 1.
Perry Ellison
Is It legal to Be Charged For A Crime Due to medical Reasons I have A Doctor who Gave Me some mental medication which Made me to become Combative and angry At every one That Came around me and also made me to become violent with my care Giver now I'am charged with Ausalt causing Bodily injury but my care giver Did not Press Charges But The State Picked It up Is this League Due to Me haven The wrong medication
Danielle Post
Hi Perry, It sounds like you have several legal questions that would be best answered by a lawyer in our free Q&A forum. Lawyers do not provide advice through our blog, but they do in the forum -- usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advice. I hope this is helpful! Kindly, Danielle
Wendy Barnes
I guess what you are trying to say is hire a lawyer and pay the retainer even for a parking ticket? Very informative article. Lol
Norman Harris
I am trying to ascertain if it is permissible for the D.A.'s office to introduce a defendants past criminal record in a grand jury proceeding?
Danielle Post
Hi Norman, It sounds like you have several legal questions that would be best answered by an attorney in our free Q&A forum. Attorneys do not provide advice through our blog, but they do in the forum, usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. Avvo also offers a wealth of legal information in our Knowledge Base here: http://www.avvo.com/free-legal-advice. I hope this is helpful! Kindly, Danielle
Al Presion
Yes they can. The rules for a grand jury are not as stringent as a formal trial. Prior acts, hearsay, and insinuations are all permitted during the grand jury investigation. If the grand jury proceeds to formal charging, those prior acts will not be brought up at trial unless you are convicted. Then during sentencing it would effect your gravity score. This is how much jail time you receive for the conviction