What Should I Do if I’m Charged With a Crime?

Home » Blog » What Should I Do if I’m Charged With a Crime?

If you’ve been charged with a crime, it’s important that you take certain steps to protect yourself. Remember that the police and the prosecutor’s office are not on your side, and it’s important that you have your own competent legal defense. Contact a San Antonio criminal attorney as quickly as possible. The faster you contact an attorney, the more robust a defense they can build for you.

What Should I Do If I’m Charged With a Crime?

Stay Quiet

Once you have been charged or suspect that you may be, it’s very important that you say nothing to the police or to a representative of the prosecutor’s office without your attorney present. You have the right to remain silent, and this is the most important right you have. It’s always in your best interest to exercise it.

Many people worry that refusing to explain themselves makes them look guilty: don’t think this way. If the police are charging you, they already think you’re guilty, and you’re unlikely to be able to convince them of your innocence just with an explanation. Resist all attempts by the police to get you to talk, and be aware that they may try to guilt you into talking or tell you directly that it makes you “look bad” not to explain yourself. Everything that you say could potentially be used against you, so say nothing.

Additionally, if the police keep asking you questions after you have told them you wish to speak to a lawyer and do not wish to answer questions, they may be violating your rights, and your lawyer may be able to use this later in your defense.

Be Polite and Cooperative

It may seem strange to tell you to be polite and cooperative after telling you not to say anything, but the type of cooperation that’s meant here is simply physical cooperation. Don’t give the police any excuse to charge you with obstruction, resisting arrest, or anything else. Refuse to answer their questions and demand to speak to a lawyer, but be polite in your interactions and always obey all instructions from the police.

Even if they trample all over your rights, the worst thing you can do is try to fight back in the moment. It won’t work, and in the best-case scenario it will make your defense more difficult. In a worst-case scenario, you could even endanger your life if the police feel they must use force to get you to cooperate. Once you’ve talked to a lawyer, your lawyer can get to work defending your rights and using the police’s behavior against them in your defense. You may even be able to bring a lawsuit against the police if they seriously disregard your rights when you are being cooperative.

Call a San Antonio Criminal Attorney

As soon as you are given the freedom to use the phone, call a lawyer with experience in criminal defense. As soon as your attorney knows you’re being charged, they can come down to speak with you and find out more details. Your attorney will also be there for all conversations with the police or the prosecutor’s office and can advise you in the moment what to say or not say.

Your attorney can also begin an independent investigation in order to find out what happened and poke holes in the prosecution’s case. If your attorney can cast enough doubt on the prosecution’s theory of what happened, the prosecution may be willing to plea bargain to lesser charges or even drop the charges altogether. Your attorney will also prepare a strong defense for you if the case does go to trial and will do everything possible to defend you inside court and outside.

Cooperate With Your Lawyer

Remember that your lawyer is on your side and doing everything possible to protect you. Your lawyer is bound by attorney-client privilege rules to keep everything you say to them confidential. With that in mind, remember that it’s best to be completely honest with your lawyer. If your lawyer knows everything, they will know exactly what strategy to take to get you the best possible outcome. If you hide things from your lawyer, it’s very likely that those things will come out in court later, and if your lawyer is surprised and unprepared, they can’t do the best job defending you.

Bear in mind that it’s the prosecution who has the burden of proof. In other words, it is not your job or your lawyer’s job to “prove” that you are innocent. It’s the prosecution’s job to prove that you are guilty. Depending on the circumstances, your lawyer’s strategy may be less about asserting your innocence and more about casting doubt on the story the prosecution is telling. Trust your lawyer, who knows how these cases go, and if you have questions, be sure to ask.

Follow All Court Orders

The court may require you to attend multiple hearings or put certain restrictions on you while you wait for trial. If that happens, always cooperate to the fullest. The impression you make on the court will go a long way. Even if you are convicted, if you’ve made a good impression on the court by your cooperation and general behavior, the judge is much more likely to give you a lower penalty.

Be Careful of Talking to Friends and Family

If you are out on bail, be aware that you need to be very cautious about what you say regarding your case, even to your close friends and family members. For one thing, people may talk more than you assume that they would, and what they say could make it back to the prosecution. For another, depending on the relationship you have with that person, the prosecution could force them to testify under oath, and they would face charges themselves if it could be shown that they lied on your behalf.

This caution should also extend to your use of social media. These days, it’s common to post just about anything and everything that we think online, but it’s very important not to say anything about your case, what you were accused of doing, or any of the events leading up to it. Any of this can also be used against you, and it’s very easy to take a social media post out of context and blow it up to mean something you never intended.

Avoid Even the Appearance of Trouble

While you’re waiting for your trial and preparing your defense with your lawyer, be very careful to avoid anything that could even make it look like you are participating in a crime. Assume that the police are watching you and waiting to use your behavior against you, if they can.

At the HGC Law Firm in San Antonio, we have years of experience fighting aggressively for San Antonio families. We’ll get to know you personally and work with you to establish a strategy that aligns with your goals. We have extensive experience in both jury and bench trials, and our reputation alone will give you an edge. To schedule a consultation, visit us at the HGC Law Firm, PLLC or call us at 210-222-9132.

Previous

next

Contact Us today

At HGC Law Firm PLLC, our clients are our top priority. Whatever legal problem you may be facing, you can rely on us for aggressive, professional, results-driven representation in and out of court.