How to Protect Yourself After Being Charged with a Crime

Criminal charges are a threat to the trajectory of your life. If convicted, you can lose your freedom and reputation, incur heavy fines, and experience difficulty finding jobs and houses in the future. Once charges have been filed, every decision you make matters. Below are some of the most important decisions you’ll need to make – and information you need to know – after being charged.

1. You’ll need to secure the right legal counsel

Your defense attorney will be your most valuable asset in terms of protecting your rights and future while your case is heard. Having a lawyer is essential for ensuring you don’t waive the wrong rights or make statements that can be used against you. But not all defense attorneys are equal.

Statistics show that in high-stakes cases – like murder – the type and quality of defense counsel significantly shapes case outcomes. For example, one study showed that public defenders reduced convictions by 19% and the probability of life sentences by 62% compared to appointed counsel. Although, you’ll do even better by hiring a private attorney. Compared to public defenders, private attorneys have far more time and resources to hire experts and investigators to develop an even stronger defense.

2. Court deadlines are non-negotiable

Failing to appear in court for any reason can hurt your case. It’s critical to stay on top of your appointments for an optimal case outcome. Every date is mandatory, from your arraignment and pretrial hearing to motion deadlines and trial dates. If you miss a scheduled appearance, the court may issue a warrant for your arrest or revoke your bail.

To avoid missing important dates, plug them all into a calendar app on your phone and set alarms so nothing slips through the cracks if you don’t look at your calendar regularly. When available, sign up for automated reminders from the court. One study found that automated notifications reduced arrest warrants by around 20% for missed court dates.

3. Prepare for a plea bargain

Criminal cases rarely go to trial. More than 90% of all cases are resolved through plea bargaining, and that means it’s crucial to understand how they work. In general, accepting a plea agreement means you’ll plead guilty to lesser charges in exchange for a lighter sentence and/or fewer fines. A plea deal will waive your right to a trial, but the benefits are often worth it. However, only your attorney can tell you if that’s true for your case.

If the prosecution offers you a plea deal, which is likely, your lawyer will assess the strength of the state’s evidence against you, the risks of going to trial, and the benefits of reduced charges. In many cases, this type of deal comes with significant benefits. For example, someone charged with a DUI who pleads guilty to reckless driving in a plea agreement won’t have a DUI on their driving record, and that looks better in some cases. However, not every deal will minimize barriers to employment or housing. That’s why it’s essential to take your lawyer’s advice before accepting or rejecting a plea deal.

4. You’ll need to protect your personal and professional life

Every action you take outside of the courtroom can impact your case. The prosecutor will build narratives from everything you say and do, including on social media. The best choice you can make is to stop posting on social media and go dark. Don’t even reply to unrelated posts. Everything you do online is discoverable and can be used against you, even if you delete or privatize your account.

Never discuss your case with anyone other than your lawyer. Casual conversation with friends, family, and coworkers can not only be used against you, but discussing your case with others can force them to be subpoenaed.

5. Have a plan for life after conviction

Nobody wants to be convicted, but it’s a possibility. No matter how weak you think the case is against you, it’s essential to have a plan in place in case you are convicted. A conviction can affect your employment, educational opportunities, housing eligibility, and immigration status. You may need to seek alternative housing or employment in a trade.

Depending on your charge and location, you might be able to seal or expunge your record after completing your sentence. Most importantly, talk with a financial advisor to manage your fines correctly.

The best strategy is guided by a lawyer

Criminal charges are serious and every choice you make, from securing a lawyer to negotiating a plea deal, will affect the outcome of your case. Make informed decisions under the guidance of a lawyer for the best chance at protecting your future.