Common Mistakes People Make After Being Accused of a Crime (Even If They’re Innocent)
If you’re accused of a crime that you did not commit, your instinct may be to try and clear up the confusion as quickly as possible by just explaining your side of the story to police. While that may seem like a logical course of action, it can (and usually does) make the situation much worse. Even if you are guilty of a crime, you are entitled to a fair trial in which it is the burden of the prosecution to prove your guilt beyond a reasonable doubt. Therefore, it is essential to know what you should say and do after being accused of a crime so that your defense attorney has the best chance of building a strong case. Here’s a closer look at what not to do when you’re accused of a crime, regardless of whether you’re innocent or guilty.
Providing Too Many Details to the Police
Criminal cases are complex, and there may be details that you feel justified your actions or prove your innocence. While it is important to bring those details to light, you should not do so by talking to the police. Instead, you should speak only with your defense lawyer about the details of the crime and only answer police questions with your attorney present. Your right to remain silent is one of the most essential rights you have when you are accused of a crime. Invoke your rights whenever you’re questioned by the police.
Trying to Confront Your Accuser or a Victim’s Family
If you are accused of a crime like assault, you might feel compelled to reach out to the victim to clear up the misunderstanding or explain your side of the story, especially if the victim is someone you know. This strategy can quickly backfire, as it might look like intimidation to the police, and—because emotions will likely be running high—it could escalate the situation further and lead to additional charges. Similarly, never attempt to reach out to a victim’s family.
Offering an Alternative Theory of Who Committed the Crime
Even if you know that someone else committed the crime you are being accused of, you should not share your theories with police. Detectives and prosecutors have a habit of getting tunnel vision while investigating crimes. So, if they think you did it, they might use your suggestion of an alternative culprit as a tactic to hide your own guilt. Alternative theories of the crime are another point to discuss exclusively with your criminal attorney. They will investigate and collect evidence to support your theory, which may be used in court or presented to prosecutors to get your case dropped or charges reduced before your case goes to trial.
Speaking to the Media
If you are accused or charged with a high profile crime that is being discussed in the media, it is important to keep silent when questioned by reporters. Media coverage can significantly sway public opinion, which can make jury selection much more challenging if your case does go to trial.
Posting Anything on Social Media
When you are in the spotlight due to criminal accusations, you should stop using social media and make sure that all your profiles are set to private. Even if you post about things that are unrelated to the crime, someone may pop up in the comments trying to start a conversation about your case. Limit your exposure by simply staying off social media until your trial has ended.
Why You Need a Lawyer to Protect Your Rights
If you are accused of any crime, it may feel as if the world has turned against you. Even your family and friends may become suspicious of you and fail to offer their support. Having an experienced defense attorney on your side throughout your case will help you navigate the confusion and frustration of false or misleading accusations. Additionally, your attorney will gather evidence, interview witnesses, document your interactions with law enforcement and continually advocate for your rights throughout every phase of your case. Police can use a variety of tactics to manipulate, threaten, or intimidate you to coax a confession or get more information about your case. Your lawyer will be your advocate and your voice, ensuring that you get treated fairly and have the best chance of clearing your name.
When you need criminal representation in Tucson, trust Janet Altshculer, Attorney at Law. Janet Altschuler is an experienced criminal defense lawyer who spent years as a prosecutor before building her own practice as a defense lawyer. Call us anytime 24/7 to schedule a consultation.