A lot of people make the mistake of thinking that they don’t need to start building a criminal defense until after they’ve been formally charged with a crime. You’re going to be better positioned to protect your interests and your future if you know how to appropriately navigate the investigatory process.
That can be a complicated task. After all, the police know how to implement aggressive strategies to gather the evidence and build the case that they need to take to the prosecutor.
Therefore, every move that you make during a criminal investigation is going to be put under the microscope, and any mistake that you make could put you behind the eightball if and when you’re formally charged.
The mistakes you should avoid in your criminal case
There are a lot of mistakes that you can unwittingly make in your case. But if you want to protect yourself, then you need to know how to avoid them. These mistakes include the following:
- Talking to the police: You might feel like you need to talk to the police to explain away any lingering suspicions, but doing so can be a huge mistake. The police might lie to you, twist your words out of context, and threaten you to get you to talk. This can generate incriminating statements that are difficult to back out of. So, you shouldn’t talk to the police. Besides, they can’t really offer you anything helpful.
- Consenting to a search: Before the police search you, your vehicle, or your home, they should have a valid warranted supported by probable cause. Although there are exceptions to the general warrant requirement, the police often don’t have to worry about whether they can utilize those because they simply obtain consent from the individual who owns the property to be searched. You gain nothing by allowing the police to search your car or your home, and you can’t be punished for refusing to consent. So, protect your rights and make the police follow the law before conducting a search.
- Talking about your case with others: You might feel a sense of relief by talking about your situation with trusted family members and friends, but this can be risky. The prosecutor can subpoena those closest to you and compel them to testify against you. Really, the only person you’re safe talking to about your case is your attorney, as those communications are privileged and can’t be released.
- Destroying evidence: You might think that you can sidestep incrimination by hiding, destroying, or manipulating evidence, but doing so will probably backfire on you. First, destroying or manipulating evidence is going to be a criminal offense in and of itself. Second, once the prosecution finds out that you’ve been manipulating evidence, and they will likely find out, you’ll look even more guilty.
Don’t dig a hole in your case
You have to be extremely careful if you’re under investigation for criminal wrongdoing. If you’re not, then you could end up giving the prosecution the evidence they need to put you behind bars. Therefore, you need to know the best course of action from the very beginning.
We know that can be stressful, but you should use your fear to motivate you to find ways to shield yourself. By researching this area of the law more, you might be able to develop a defense strategy that succeeds in protecting you from the police and the prosecution.