Being arrested is one of the last things anyone wants to find themselves a part of. It can be scary, confusing, overwhelming, and the pressure of it all can lead people to make decisions that can seriously affect their case. In Austin, an arrest can move quickly. From the police interaction itself, interrogations, bond hearings, and plea offers, it can sometimes be difficult to understand what exactly is happening.
Unfortunately, some of the most damaging actions occur in the time immediately following an arrest. This is why it is important to understand some of the most common mistakes individuals make post-arrest and how an experienced Austin Criminal Defense Attorney can help protect your rights.
Delaying the Hiring of a Criminal Defense Attorney
Many people believe that they can wait and see how things play out before hiring a lawyer. Whether it is because charges haven’t been formally filed, the offense seems minor, or they simply believe they can handle the matter on their own—many believe that hiring an attorney can be postponed. This, however, is a critical mistake.
Many of the critical decisions involving your case are made very early in the investigatory process—sometimes even prior to charges being filed. Reports are written, evidence is preserved or sometimes destroyed, witnesses’ memories fade, and prosecutors begin building their case. Without the assistance of an Austin Criminal Defense Attorney, those decisions and actions take place without an attorney present to protect your interests.
By hiring an Austin Criminal Defense Attorney early, their representation can impact: (1) whether charges are filed at all; (2) the severity of charges; (3) conditions of bond; (4) preservation of key evidence; and (5) the statements you make and their impact against you.
Waiting to hire an attorney until later in the process means that instead of your attorney going on the offensive, they are now playing defense and mitigating damage that has already been done.
Talking to Police without Counsel Present
Another extremely common mistake that people make is speaking to the police without an attorney present. This is the last thing you should do. This mistake is often made with the best of intentions. “If I cooperate, I can clear things up.” “If I’m innocent, I have nothing to hide.” However, this is the furthest from the truth.
In reality, there is a reason your Miranda warnings say “anything you say can and will be used against you.” During an officer’s investigation, your statements can be misunderstood, misquoted, taken out of context, or considered evidence of your untruthfulness.
Officers are trained to ask questions that elicit incriminating responses. Although a conversation may seem casual or harmless, it is being used to gather evidence. That question about what you had for dinner during a traffic stop? That’s a question to determine if you just came from an establishment that serves alcohol in furtherance of a DWI investigation. That question about where you live in the city? That’s being used to determine if you are in a neighborhood well away from your home as part of a pretextual stop for drug interdiction.
This is why you should avoid volunteering unnecessary details, explaining or justifying conduct, guessing answers to questions when you are unsure, and making contradictory statements under stress. Once a statement is made, it can’t be taken back. Invoking your right to silence and requesting an attorney is not an admission of guilt; rather, it is a constitutional right. Our team of Austin Criminal Defense Attorneys can help you determine if speaking to law enforcement is beneficial, and if so, facilitate the communications to ensure your rights are protected.
Entertaining Plea Deals Without Counsel
In many cases, defendants may be presented with plea deals very early in their case. Sometimes these offers are framed as boilerplate offers that everyone similarly situated receives or even as the quickest way to put the matter behind you. These offers can be tempting to eliminate the stress or uncertainty of a criminal case hanging over your head. However, entertaining these offers without the presence of counsel is another major mistake.
Often, many people do not understand the true consequences of taking a plea deal without advice from counsel. This can include a record of conviction populating in background checks, immigration consequences, loss of a professional license, loss of rights related to firearms and voting, employment barriers, and the potential for penalty enhancements for future charges.
With an Austin Criminal Defense Attorney by your side, you will better understand whether the evidence against you is weak or strong, whether there were any constitutional violations, whether more favorable plea terms are available, or whether dismissal is realistic. An experienced Criminal Defense Attorney can analyze the evidence, identify and argue any potential suppression issues, negotiate from a position of knowledge and relationship with prosecutors, and advise on whether accepting a plea is in your best interest.
Protect Yourself After an Arrest
The time immediately following your arrest is one of the most important time periods of any criminal case. The decisions made and actions taken after an arrest can shape your entire case. Don’t make these crucial mistakes. Instead:
- Hire a Criminal Defense Attorney as soon as possible
- Do not speak with Law Enforcement without the presence of Counsel
- Do not accept or discuss plea offers without legal advice
By avoiding these common mistakes, you place yourself in a position of power and provide your attorney with a foundation to start protecting your rights during the pendency of your case.
