6 Mistakes to Avoid if You Were Just Arrested

Dealing with law enforcement doesn’t come naturally to many of us. After all, facing criminal charges is overwhelming, and a guilty verdict can change your life in a flash.

Unfortunately, making critical mistakes in the early stages of the criminal process can get you into more trouble and seriously hurt the outcome of your case. Police are trained in how to extract information and may use tactics that can lead to unintentional self-incrimination.

If you are in this situation, knowing what to do—and what not to do—can make a huge difference in protecting your rights and securing the best possible outcome.

Here are the key mistakes to avoid when facing a criminal charge:

1. Do Not Speak to the Police Without Legal Representation

When confronted by law enforcement, it’s natural to feel like you need to explain your side of the story. However, anything you say can—and likely will—be used against you.

If the police officers suspect you have committed a crime, their job is to solidify the case against you. They’re trained to ask questions that may seem harmless but are designed to gather incriminating evidence.

Why Should I Avoid It?

Police are skilled at reading your body language and tone of voice to assess whether you’re hiding something, even if their questions seem trivial. Even simple statements can lead to misunderstandings that solidify their case against you.

What to Do Instead

Politely but firmly tell the police that you do not wish to answer any questions without your attorney present.

Once you invoke your right to remain silent, stop talking. Anything you say from that point on could be damaging.

2. Don’t Resist Arrest

Even if you feel the arrest is unjustified, resisting can lead to additional charges, such as resisting arrest or assaulting an officer, which can worsen your situation significantly.

Why Should I Avoid It?

Resisting or arguing with the police will only add to the charges you face and make your legal battle more difficult. Police officers may escalate the situation if they believe you are not complying.

What to Do Instead

Stay calm and comply with the officers’ instructions.

You will have the chance to fight the charges later with the help of your defense attorney—your immediate goal now is to avoid further complications.

3. Don’t Consent to Searches Without a Warrant

In many cases, the police may ask for permission to search your home, car, or belongings. Unless they have a valid warrant, you are under no legal obligation to consent.

Why Should I Avoid It?

Consenting to a search without a warrant provides the police with probable cause and opens the door to further charges if they find anything incriminating.

What to Do Instead

Politely decline any search requests by saying, “I do not consent to any searches.” The police need a valid warrant to conduct a search, and without your consent, they will have to obtain one.

4. Don’t Ignore the Seriousness of Your Charges

It’s easy to downplay criminal charges, especially if they seem minor or if you believe your innocence is clear.

However, even small infractions can carry serious consequences.

Why Should I Avoid It?

Underestimating your charges can lead to costly mistakes, such as missing court dates or failing to hire an attorney promptly.

Criminal charges, whether for a misdemeanor or felony, require serious attention.

What to Do Instead

Immediately contact a qualified criminal defense lawyer who can explain the charges you face, outline your legal options, and build a defense strategy tailored to your case.

Ignoring your charges could result in harsher penalties or even jail time.

5. Don’t Discuss Your Case on Social Media

It’s tempting to share your thoughts and experiences online. However, discussing the details of your case, arrest, or interactions with law enforcement on platforms like Facebook, Twitter, or Instagram can be detrimental to your defense.

Why Should I Avoid It?

Anything You Post Online is Publicly Accessible and Can Be Used as Evidence Against You in Court.

Investigators, Lawyers, and Prosecutors Often Monitor Social Media Accounts to Find Posts, Photos, and Comments That Can Support Their Case. They May Scrutinize Your Posts for Admissions of Guilt, Contradictions, or Behavior That Reflects Poorly on Your Character.

For Example, if You Post About a Night Out After an Alleged Crime, it Can Be Interpreted as Showing a Lack of Remorse, or Worse, as Contradicting Your Version of Events.

Even if You Believe Your Privacy Settings Are Secure, Nothing Posted Online is Truly Private.

What to Do Instead

Keep your case private. Avoid discussing with anyone outside of your legal counsel. (This includes friends, family, and especially online platforms!)

All communications regarding your case should go through your lawyer to avoid unintentionally damaging your defense.

6. Don’t Expect Mercy Without Preparation

Many defendants believe that admitting guilt or showing remorse will lead to leniency from the court. But hoping for mercy without preparing a strong case is a risky strategy.

Why Should I Avoid It?

Judges and prosecutors are not obligated to offer leniency just because you admit guilt or apologize. Without proper legal preparation, you could face the full extent of the law’s punishment, even if you believe your actions were minor or justified.

What to Do Instead

Your lawyer will know how to present your character, background, and the circumstances of the case in the most favorable light. In some cases, character references or community service records may help, but it’s crucial to build a case with concrete legal arguments, not just hope for a light sentence.

Contact a Los Angeles Criminal Defense Lawyer

If you or a loved one is facing criminal charges, the most critical step you can take is to seek immediate legal representation. The Law Offices of William S. Kroger are thoroughly experienced in handling a variety of criminal defense cases, and will work tirelessly to ensure you get the best possible outcome.

Call us today at (313) 655-5700 for a free consultation, and let us help you protect your rights and your future.