While television shows and movies tend to portray savvy detectives and slick prosecutors as the driving force behind criminal convictions, the truth of the matter is that many defendants simply give the State what it needs to pursue a case and acquire the conviction it seeks. This can happen several ways, and you need to be aware of them so that you don’t make unwitting errors that could lead to incarceration, excessive fines, damage to your reputation and harm to your career. So, let’s jump in and look at what you need to avoid doing lest you give the prosecution the evidence needed to convict you.
We understand the stress you may experience when under criminal investigation or when facing criminal charges. But you can’t let the circumstances steer you toward costly mistakes. Here are some ways to protect your interests moving forward so that you don’t give investigators and prosecutors the upper hand they’re looking for:
- Don’t consent to searches: The police often gather incriminating evidence through searches. Generally, though, they need a warrant supported by probable cause before they can search your home, car or place of business. All too often, though, accused individuals simply agree to allow the police to search, which allows law enforcement to bypass the probable cause showing. In other words, in these situations, individuals allow investigators to conduct a search when they otherwise may not have been able to do so. This consent search sometimes leads to the collection of evidence that results in conviction, too.
- Don’t talk to the police: When you’re under investigation, it can be tempting to try to explain the situation away. But talking to the police will probably just give them more evidence to work with to build a case against you. Your words might be twisted out of context, or you may say something that you didn’t mean but that sounds incriminating. You’re under no obligation to talk to the police, and doing so oftentimes proves detrimental to one’s criminal defense.
- Don’t talk to others about your case: If you’ve got something to get off your chest, you might have someone in your life that you regularly turn to. But discussing your criminal case with someone can be risky since the prosecutor can subpoena those individuals to testify against you. If you need to talk to someone, talk to your attorney.
- Don’t hide or destroy evidence: You might think it’s a good idea to try to conceal or get rid of incriminating evidence, but doing so will only make you look more guilty, and it could constitute another crime. If you have questions about how to handle evidence that might put you in a bind, then be sure to discuss it with your attorney.
- Don’t associate with the wrong people: If you’re under investigation, then it’s a good idea to be careful about those with whom you spend time. While guilt by association isn’t an actual crime, it can lead to suspicions that may cause investigators to dig into your activities until they can find something to charge you with, even if only doing so to get leverage against someone else.
There are multiple errors that can be made during a criminal investigation and prosecution. But by being aware of these potential mistakes, you can increase your chances of avoiding them and, in return, protect your ability to build a compelling criminal defense.