Being arrested is a stressful and often frightening experience. Whether it’s your first encounter with the law or a situation you’ve faced before, how you handle yourself in the aftermath can have a major impact on your case. Unfortunately, many people make critical errors immediately after an arrest—mistakes that can lead to long-term consequences, even if they believe they’re doing the right thing.
As a former prosecutor turned criminal defense attorney, I’ve seen these mistakes play out from both sides of the courtroom. Below are some of the most common missteps individuals make after an arrest, along with practical advice on how to avoid them.
Talking to the Police Without Legal Counsel
The Mistake:
One of the most frequent and damaging errors people make is speaking to the police without an attorney present. After an arrest, many individuals think they can explain their way out of the situation or that cooperating with law enforcement will lead to leniency. Some people even believe that refusing to talk will make them look guilty.
The truth is, the police are trained to gather evidence and anything you say can and will be used against you. They may frame their questions in ways designed to elicit incriminating responses, and once you’ve said something damaging, it’s extremely difficult to take it back.
How to Avoid It:
The best course of action is to exercise your right to remain silent and your right to an attorney – two fundamental protections under the U.S. Constitution. As soon as you’re taken into custody, clearly state, “I am invoking my right to remain silent, and I want to speak to an attorney.” Once you’ve invoked these rights, the police must stop questioning you.
Remember, it doesn’t matter if you’re innocent or if the situation seems like a misunderstanding. Speaking without a lawyer is rarely, if ever, beneficial to your case. Let your attorney communicate with law enforcement on your behalf.
Failing to Request Bail or Understanding Bond Options
The Mistake:
Many people remain in custody longer than necessary because they don’t understand the bail process or don’t push for release on bail or bond. In some cases, individuals simply wait to see what will happen at their first court appearance, which can lead to unnecessary time spent behind bars.
How to Avoid It:
After your arrest, one of the first things to inquire about is your eligibility for bail or bond. In many cases, you have the right to request release on bail, which allows you to remain free while your case progresses. Work with your attorney to ensure you understand your bond options and take the necessary steps to secure release as soon as possible.
If you cannot afford the bail amount, you may be eligible for a bail reduction hearing, where your attorney can argue that the amount should be lowered based on your financial situation, the nature of the charges, or other factors.
Discussing Your Case with Friends or Family
The Mistake:
Another common mistake is talking about your arrest or charges with friends, family members, or even fellow inmates. While it may seem harmless to vent to loved ones or seek support, these conversations can become evidence if the prosecution or law enforcement becomes aware of them.
Family members and friends can be subpoenaed to testify against you, and anything you say in jail may be overheard or shared with authorities.
How to Avoid It:
Avoid discussing the details of your case with anyone except your attorney. Conversations with your lawyer are protected by attorney-client privilege, meaning they cannot be disclosed without your consent. This privilege does not extend to friends, family, or anyone else. It’s best to keep the specifics of your case confidential to avoid unintended consequences.
Not Documenting the Arrest or Incident
The Mistake:
In the chaos following an arrest, people often forget to document the events that led to their detention. Details of your arrest—how the police treated you, whether your rights were read to you, and any witnesses present—can be crucial to your defense. By the time you speak with your attorney, these details may become fuzzy, leading to missed opportunities to challenge the legality of the arrest or evidence.
How to Avoid It:
As soon as possible after your arrest, try to write down or mentally note everything you remember about the incident. This includes:
- The time and location of the arrest
- The actions of law enforcement, including whether they informed you of your Miranda rights
- Any witnesses who may have seen the arrest or the events leading up to it
- The nature of any evidence seized, including whether you believe the search was legal
Share this information with your attorney at the earliest opportunity, as it may play a critical role in your defense.
Failing to Take the Charges Seriously
The Mistake:
Some individuals don’t fully appreciate the seriousness of the charges they face, especially if they’re arrested for a seemingly minor offense or believe the situation will blow over. This can lead to missed court dates, failing to hire an attorney, or delaying crucial steps that could improve their legal standing.
How to Avoid It:
Treat any criminal charge, no matter how minor it may seem, with the utmost seriousness. Even a misdemeanor can result in jail time, fines, or a permanent criminal record. Hire an attorney as soon as possible to begin building your defense, and make sure to attend all court appearances. Missing a court date can result in a bench warrant for your arrest and make your situation much worse.
Posting on Social Media
The Mistake:
In today’s digital age, people are quick to share their experiences on social media, including details about their arrest or legal issues. However, social media posts can easily be used as evidence against you, even if you delete them later. Prosecutors, investigators, and law enforcement regularly monitor social media for incriminating statements, photographs, or videos.
How to Avoid It:
Stay off social media until your case is resolved. Posting anything—whether it’s a comment about your innocence, a complaint about law enforcement, or even unrelated content—can harm your defense. Prosecutors may try to use your posts to demonstrate a lack of remorse, a contradictory narrative, or evidence of other criminal behavior.
Resisting Arrest or Acting Aggressively Toward Law Enforcement
The Mistake:
In the heat of the moment, it’s common for individuals to panic or become aggressive toward law enforcement officers. Resisting arrest, whether verbally or physically, can lead to additional charges like resisting an officer, obstruction of justice, or even assault on a law enforcement officer. These charges can complicate your legal defense and result in harsher penalties.
How to Avoid It:
If you’re being arrested, stay as calm as possible and comply with the officer’s instructions. You can fight the charges in court with the help of your attorney, but resisting in the moment only worsens your legal standing. Even if you believe the arrest is unjust, acting aggressively will only escalate the situation and potentially lead to new charges.
Not Hiring an Attorney Quickly Enough
The Mistake:
Many individuals delay hiring a criminal defense attorney, either because they believe they can handle things on their own or because they’re concerned about the cost. However, delaying can mean missing important deadlines, failing to challenge evidence in time, or making critical missteps during police interactions.
How to Avoid It:
The moment you’re arrested, your first priority should be securing a criminal defense attorney. An experienced attorney can protect your rights, ensure that police follow proper procedures, and start building your defense strategy immediately. Waiting too long to hire an attorney can lead to costly errors that are difficult to undo.
Final Thoughts
After an arrest, the decisions you make can have lasting consequences on your case and your future. By understanding the common mistakes outlined above and knowing how to avoid them, you can protect yourself and give your attorney the best possible foundation to work from.
We’ve seen how easy it is for individuals to harm their cases through well-intentioned but misguided actions. Now, as a part of your defense team, we work with our clients to ensure they navigate these challenging situations with clarity and care. If you’ve been arrested, remember to stay silent, request a lawyer, and don’t take chances with your future.
If you or a loved one has just been arrested and you’re unsure of what to do next, contact Lamano Law Office for immediate assistance. We’ll help you understand your rights, provide expert legal guidance, and work to secure the best possible outcome for your case.
