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Avoiding Common Criminal Defense Mistakes in New Jersey

March 21, 2024 Uncategorized

 

Avoiding Common Criminal Defense Mistakes in New Jersey

Being arrested and charged with a crime in New Jersey can be an incredibly stressful and frightening experience. Even if you are innocent, the criminal justice system can seem complex and intimidating. It’s normal to feel confused about what to do next.

However, it’s important not to let fear lead you to make common mistakes that could seriously damage your case. An experienced New Jersey criminal defense attorney can help advise you on the best way forward. But there are some basic “dos and don’ts” you should keep in mind from the start.

Don’t Talk to the Police Without an Attorney Present

Once you have been arrested, you have the right to remain silent. Anything you say to the police can potentially be used against you, even if you are just trying to explain your side of the story. The police are building a case, not trying to help you. Even answering basic questions like “where were you last night?” could provide information that gets twisted against you.

Politely state you will not answer any questions without your lawyer present. Then stop talking. You are not required to respond to further questions, no matter how much the police might pressure you. Stay silent and wait for your attorney.

Don’t Try to Hide Evidence or Obstruct the Investigation

You may be tempted to get rid of any evidence that could implicate you, like drugs, weapons or stolen property. Resist that urge! Destroying evidence or telling witnesses to lie is obstruction of justice, a separate and serious criminal offense.

Be aware that any texts, social media posts, or other communications could be subpoenaed as evidence too. Don’t delete anything that could be relevant to your case. Let your lawyer handle the evidence properly. Trying to hide anything will only make you look guilty, even if you are innocent.

Don’t Post About Your Case on Social Media

It can be tempting to vent on social media when you feel wrongfully accused. But ranting about your case publicly could seriously backfire. Prosecutors can and will use anything you post against you. Even just liking or sharing others’ posts about your case can cause problems.

The best policy is not to discuss your case at all online. Turn off notifications and avoid the temptation to post until the case is fully resolved. Your lawyer can advise you if there are any exceptions, like organized fundraising. But in general, keep quiet on social media.

Don’t Try to Investigate the Case Yourself

Your natural desire is probably to try to figure out what evidence the police have against you, what witnesses are saying, and how strong the case is. But leave the investigating to your qualified criminal defense lawyer, not yourself.

If you try contacting witnesses or digging up information illegally, you could face additional charges of witness tampering or obstruction. Your lawyer knows how to properly and legally investigate the prosecution’s case against you. Be patient and let the legal process work.

Don’t Wait to Get an Attorney

One of the biggest mistakes is trying to save money by waiting to hire a criminal defense lawyer. The earliest stages of your case are the most crucial. An experienced attorney can immediately start working on your defense, while the trail is still fresh.

Public defenders are an option if you truly cannot afford private counsel. But their large caseloads mean less individual focus on you. Don’t take chances – borrow money if needed to hire the best lawyer you can right away.

Don’t Try to Guess Technicalities

You may have heard that some cases get dismissed on technicalities. But relying on getting charges dropped for procedural errors or loopholes is risky. Even lawyers cannot predict if a technicality will work.

The strongest defense relies on the merits of your specific case. Work with your attorney to build the best defense based on the facts and evidence. Hoping for a technicality to make the case disappear is usually wishful thinking.

Don’t Make Plea Decisions Without Your Lawyer

If the prosecution offers a plea bargain, you may be eager to accept so you can put the ordeal behind you. But don’t rush into any plea deal without your lawyer’s advice. Accepting a plea has long-term consequences, including a permanent criminal record.

Your attorney will evaluate if the plea deal is in your best interests, or if you have a chance of beating the charges at trial. Never let the prosecution pressure you into accepting a plea without consulting your lawyer first.

Don’t Assume the Judge and Prosecutor Are Against You

It’s natural to see the judge and prosecutor as the “bad guys” when you are facing criminal charges. But they are professionals doing a job, not necessarily out to get you. Assuming otherwise can hurt your mindset and legal strategy.

Maintaining respectful relationships with court officers gives your lawyer the best chance of negotiating firmly but fairly. The legal system aims to find the truth and uphold justice. Keep an open mindset and focus on presenting the facts.

Don’t Show Up to Court Intoxicated or Disheveled

Looking put together and professional for court appearances is important, even if you are only there for a brief hearing. Dressing neatly and conservatively shows respect for the judge and legal process. Avoid outrageous hair/makeup, offensive slogans, ripped jeans, etc.

Showing up intoxicated or disheveled feeds into stereotypes about “criminals” and will likely anger the judge. You want to present yourself as an upstanding citizen. Make sure you are sober, well-rested, and appropriately dressed whenever you go to court.

Don’t Vent Anger or Frustration in the Courtroom

Facing criminal charges is infuriating, especially if you feel wrongly accused. But venting your anger and frustration in court will not help your case. Judges expect and demand proper courtroom behavior.

Outbursts or contempt of court could land you in even more legal trouble. No matter how you feel inside, maintain calm and poise in the courtroom. Let your lawyer make legal arguments on your behalf in a professional manner.

Don’t Miss Court Dates or Deadlines

After the initial arrest, your case will involve multiple court dates over weeks or months. Missing any scheduled appearance or deadline could lead to additional charges or arrest warrants. Some judges may even revoke bail.

Jot down all court dates in a calendar you check regularly. Set reminders on your phone. Follow your lawyer’s instructions precisely to avoid any missed court activities. Showing up on time and meeting all deadlines shows you are taking the case seriously.

Being arrested for a crime does not mean your case is hopeless. An experienced New Jersey criminal defense attorney can advise you on building the strongest defense while avoiding mistakes that could undermine you. No one expects you to be a legal expert. Lean on your lawyer and focus on making smart decisions that will help your case. With dedication and hard work, many people successfully move past criminal charges. So can you.

 

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