Some people learn about criminal accusations through the courts. They may receive notice of an impending hearing or an arraignment. Others learn that there are suspicions they broke the law when police officers suddenly arrest them.
In either scenario, the person accused of misconduct faces a very complicated process. It is common for people to feel overwhelmed about pending criminal charges, and they may make mistakes that have devastating consequences in the hours or days after their encounter with police officers or court officials. The three steps below are among the most important for people to take when they face accusations of criminal conduct.
1. Invoke the right to silence
Those taken into state custody often make the mistake of trying to cooperate with law enforcement. They think that by talking about the situation with police officers, they can avoid prosecution and make the whole situation simply go away. People who verbally assert their right to remain silent can limit police questioning and avoid making statements that affect their legal position. The less defendants say to police and to others while in state custody, the better their chances of avoiding an unfair conviction.
2. Request a criminal defense attorney
The Miranda warning informs defendants of their right to remain silent. It also advises them of their right to consult with an attorney. Making use of that right as soon as possible can make a major difference for those facing criminal prosecution. An attorney can help secure an individual’s release from state custody or be present with them while they talk to investigators. Attorneys can also advise their clients of the possible consequences that they may face and the next steps in the criminal justice process.
3. Review the state’s case
Criminal defendants have the right of discovery. In other words, the prosecutor’s office has to provide all of the evidence that could play a role in the criminal proceedings. Defendants and their lawyers can review a list of potential witnesses and even reports regarding chemical evidence. The exact evidence that the state intends to use to prove a person’s guilt can influence the best strategy.
Some defense attorneys bring in expert witnesses. Others ask the courts to set aside evidence due to police officer misconduct. People who make the right choices as soon as possible after an arrest improve their chances of mounting a successful criminal defense.
