5 Common Mistakes People Make with Criminal Defense Attorneys
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Being arrested or charged with a criminal offense is a situation we all hope to avoid in our lives. However, life has a way of throwing some interesting curveballs. If you ever find yourself in a precarious legal situation, being calm and knowing what steps to take is necessary and helpful.
Here are five common mistakes that people make when they need a defense attorney and our tips on how to avoid making them.
Not Calling an Attorney Right Away
One of the biggest mistakes you can make is not hiring an attorney right away, after the incident. Many people make the mistake of thinking that asking for a lawyer immediately makes them look guilty. In many cases, the arresting officers will imply that hiring a lawyer is the wrong choice. This is not the case.
To get the best defense possible, you need to hire an attorney right away. It doesn’t matter if you’ve done what they’re accusing you of, or not. Hiring an attorney will help you avoid saying anything incriminating without knowing it. Remember that you have the right to remain silent— use it!
Not Hiring the Right Attorney
When it comes to defense cases, it’s essential to find the right attorney for your specific needs. Ideally, you should find someone who is experienced in your specific type of case in your area. There are many different nuances within the law; the more specialized your lawyer, the better.
Consider how DUI laws differ from state-to-state, for example. Both Ohio and Maryland have implied consent laws, meaning you agree to sobriety tests when you get a license to drive. However, in Ohio, implied consent does not apply at random vehicle checkpoints, unlike in Maryland. A Columbus criminal lawyer would understand this nuance and use it in your favor.
Understanding the different rules in different states is important and having a lawyer that knows how to navigate your charges in your region is essential for defending yourself. Don’t make the mistake of hiring the first available attorney.
Not Being Open and Honest
You must be honest and upfront with your attorney to build a solid defense case. Remember that it’s not up to your attorney to judge and sentence you — it’s their job to defend you to the best of their ability. And to do so, they’ll need to know as many details as possible, whether you think they are relevant or not.
When you hide things from your attorney, it will inevitably come back and work against your case. Talk to your attorney about how much they need to know and be completely honest with them.
Listening to Legal Advice from Others
Many people make the mistake of listening to legal advice from people who aren’t lawyers. This information often comes from what they’ve seen on TV, or perhaps what they experienced in their own cases, which could be dramatically different than yours.
To avoid feeling pressured by non-attorneys, don’t discuss your case with anyone other than your lawyer. Find an attorney with proven results and positive reviews to ensure that they’re qualified to handle your case. Remember that binging Law and Order on Netflix doesn’t make your best friend a lawyer.
Giving Voluntary Samples and Statements
As mentioned before, you should hire a lawyer before saying anything. It’s also important to ask for an attorney before giving a statement, agreeing to blood samples, fingerprints, or giving permission to search your vehicle. Even in states with implied consent, arresting officers must complete field sobriety tests and start building their own case – starting from the moment they pull you over.
If a police officer asks to search your vehicle, you can refuse and request a court order. With the exception of DUIs in implied consent states, the police also need a court order to take your clothing and any bodily fluids.
The key takeaway here is to ask for a lawyer the moment you’re arrested, regardless of the charge and your actions during the alleged crime. You can be polite and cooperative without giving up your rights.