4 Most Common Mistakes Made By Defendants

Everyone makes mistakes, but not everyone finds themselves behind bars because of it. The U.S. criminal justice system is complex and it is difficult for defendants, as well as their attorneys, to know all of the ins and outs. However, that doesn’t excuse the mistakes made year after year by defendants in their cases. In fact, the leading cause of wrongful conviction is most often due to a mistake on the part of the defendant or defendant’s attorney. It is very important that you be aware of these common mistakes to ensure they are not made in your case. Learn more. 

Talking to the Police Without an Attorney

One of the most common mistakes defendants make in criminal cases is talking to the police before they have been advised by an attorney. The police are trained to take advantage of a defendant’s ignorance and inexperience, and they can easily trick you into saying something that hurts your case. If you’ve been arrested for a crime, don’t answer any questions from police until you’ve spoken with an attorney first.

Going To Trial Without an Attorney

Going to trial without an attorney is another huge mistake defendants make in criminal cases. A defendant who goes to trial without an attorney may not only lose but could end up with a much harsher sentence than they would have received if they had hired an attorney from the start.

It also puts your freedom at risk. If you’re convicted at trial, you could be sentenced to jail or prison time and be required to pay fines. When you hire an attorney, he or she will negotiate with the prosecutor on your behalf, which can help reduce the charges against you or get them dismissed altogether.

Neglecting Your Discovery

You may think that you’ve got your case covered, but another common mistake defendants make is to neglect their discovery. What is discovery? Discovery is a process in which both the prosecution and defense can obtain evidence from each other that relates to their case. 

It’s an important part of any criminal case because it allows both sides to see what evidence will be presented against them at trial. This includes evidence that might be helpful in your case or could be harmful to the prosecution’s case. If you don’t ask for discovery and they don’t give it to you, there are ways you can get it anyway—but it’s much easier if you just ask.

Not Preparing for Sentencing

In many cases, defendants are not prepared for the sentencing hearing. This can result in the court imposing a sentence that is far harsher than what the defendant expected. The defendant may also be surprised by other aspects of the sentencing process, including whether or not they are allowed to speak on their own behalf before the judge makes a decision about their sentence.

Being unprepared for sentencing can also cause a defendant’s attorney to miss important opportunities to negotiate with prosecutors and persuade them to recommend a lesser sentence. In some cases, this could lead to an even harsher sentence than if a negotiated plea had been reached earlier on in the case.

Conclusion

Retaining an experienced lawyer is the best way to avoid mistakes in criminal cases. The earlier you contact an attorney, the better your chances are of minimizing or negating the charges against you.