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What NOT to Do When Charged With a Crime

Leah Davis Madden • December 1, 2022
What NOT to Do When Charged With a Crime

What NOT to Do When Charged With a Crime


Being charged with a crime is a stressful event, and it’s easy to make mistakes when this happens. You’ll probably be nervous and may not have faced this situation before. As a result, you may inadvertently hurt your case by making some common mistakes.


The following are some of the things you should NOT do when charged with a crime.



Ignore your right to remain silent


You’ve probably seen and heard Miranda's warnings given countless times on TV programs and movies - “You have the right to remain silent … .” Other than your name and other personal details, you shouldn’t answer any questions or supply the police with further information. You may inadvertently say something that’s self-incriminating. As the warning states, “Anything you say can and will be used against you in a court of law.”


Be aggressive with police


Be polite and comply with the arresting officer’s requests. Attempting to argue or flee or being physically aggressive can make you look guilty, and you may face additional charges such as resisting arrest or assaulting an officer.



Let police search your house


If the police come by your home, you don’t have to let them inside unless they have a search warrant. You also shouldn’t step outside. If the police leave to go get a warrant, contact your attorney immediately. You should also not answer any questions or consent to anything without the presence of your lawyer.


Think you don’t need an attorney


Some people make the mistake of thinking that they don’t need an attorney if they’ve been charged with a crime. You need immediate legal representation to make sure you don’t consent to any tests like a DNA test without a court order. You’ll need a lawyer to protect your rights during questioning and to represent you in court. The team at Davis Madden & Associates, P.C. has more than 15 years of experience helping clients throughout Georgia and can help you effectively navigate the complex criminal justice system.


Believe everything the police say


The police are allowed to lie about certain things in order to try to get incriminating information or a confession from you. Don’t panic or be intimidated. Instead, wait for your attorney to be present before answering anything or making or signing a statement.


Speak to other people about your case


Don’t speak to anyone other than your lawyer about your case. Things you mention to another party could be misconstrued and ultimately hurt your case. And if you’re put in jail, be aware that phone calls are recorded and that other inmates may tell police what you say.



Withhold information from your lawyer


In order to provide you with the best possible representation, your lawyer needs to know all the facts. Don’t be embarrassed to tell them the truth. Your lawyer is there to represent you, not to judge you, and they’ll need to hear all the facts to perform their job as well as possible. What you tell them is protected by attorney-client privilege, so what you discuss won’t be shared. 



Fail to show up at your court appearances


You may have to be present at some or all of any court appearances regarding your case. Work with your attorney to ensure you know when and where you’ll need to be. Otherwise, you could face additional charges.



Contact us if you’ve been charged with a crime or think that you may be charged. We’re committed to fighting the charges against our clients and maintaining high levels of accessibility.



The material provided on this blog site does not/is not intended to constitute legal advice. All content is for general information only.



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