Common Mistakes to Avoid After Being Charged with a Crime
LAPD arrests you Saturday night for assault—bar fight in Downtown LA, other guy went to hospital, says you hit him with bottle. You’re booked at Central Jail, arraignment Monday morning at Criminal Courts Building (210 W Temple Street), you post bail Sunday. You’re home thinking “I need to tell my side of the story, I need to explain to the detective that HE started it, I have texts with friends about what happened, maybe I should post on Instagram that I’m innocent.” STOP. You’re about to make EVERY common mistake defendants make and destroy your defense before you even hire attorney.
What Happens Next and How You’ll Screw It Up
What happens after you’ve been charged with a crime? You go through seven stages—arrest, booking at LA County Jail, arraignment within 72 hours at Criminal Courts Building, pretrial hearings, preliminary hearing (felonies only), trial, sentencing. Common mistake at EVERY stage destroys your defense. At arrest—you think you’re explaining your side to police but you’re building prosecutor’s case (anything you say WILL be used against you, invoke Fifth Amendment), you consent to search of car or phone (if you consent you waive Fourth Amendment rights and can’t suppress evidence later). After posting bail—you violate conditions by using drugs or contacting alleged victim (bail revoked, you sit in jail for months until trial), you miss court date (bench warrant issued, new failure to appear charge under California Penal Code 1320, bail revoked). During pretrial—you talk about your case on recorded jail calls (prosecutor plays YOUR OWN WORDS to jury), you post on social media or delete old posts (deleting posts = “consciousness of guilt”), you wait three weeks to hire attorney (surveillance footage from bar is deleted on 14-day cycle, witnesses have moved, your alibi evidence is GONE). These mistakes DESTROY winnable cases—you had weak case against you (he-said-she-said assault, no witnesses), but YOUR mistakes make you LOOK guilty and prosecution’s case STRONG.
Stop Building the Prosecutor’s Case For Them
What makes a criminal case weak? No witnesses besides alleged victim, no physical evidence linking you to crime, illegal search or seizure that gets evidence suppressed, inconsistent statements from alleged victim, alibi witnesses placing you somewhere else, prosecutor can’t prove all elements beyond reasonable doubt. That’s WEAK case—you have chance to win at trial or get charges dismissed. Common mistake is defendants STRENGTHEN weak cases by doing prosecutor’s job for them. You talk to police without attorney present—you think you’re explaining your innocence but you’re admitting facts prosecutor needs to prove (“I was at the bar that night”—now prosecutor doesn’t have to prove you were there, YOU proved it for them; “we got in argument”—now prosecutor doesn’t have to prove confrontation, YOU admitted it). Police WANT you to talk because they know it helps their case—if your statement would help YOU, why would they be so eager to take it? They’re building case AGAINST you, not investigating your innocence. You consent to search of car, house, or phone—officer asks “do you mind if we search your car?” and you say “I have nothing to hide, go ahead” (they’re asking because they DON’T have probable cause for warrant—if they had probable cause they’d get warrant, they wouldn’t ASK your permission; when you consent you waive Fourth Amendment rights and can’t suppress evidence even if search was illegal). You post on social media about your case—”I didn’t do it, he started the fight, I was defending myself” (prosecutor screenshots post, uses it as admission you were involved in fight, cross-examines you at trial on inconsistencies between post and testimony), you delete posts after arrest (prosecutor can still recover deleted posts through subpoena, deleting = “consciousness of guilt” jury instruction telling jury “if defendant destroyed evidence you may infer defendant believed evidence would harm their case”). You contact alleged victim or witnesses—trying to get victim to “drop charges” or convince witnesses to change stories (separate crime of witness intimidation under California Penal Code 136.1 carrying up to 4 years prison, violates protective order, bail revoked, makes you LOOK guilty because “innocent people don’t intimidate witnesses”). You had WEAK case—prosecutor had burden to prove you guilty beyond reasonable doubt and couldn’t do it. But YOU strengthened their case by providing evidence they didn’t have, consenting to searches they couldn’t otherwise conduct, creating electronic trail of admissions, and intimidating witnesses.
The Mistakes That Make Winning Impossible
What is the hardest case to win in court? Recorded confession to police, multiple independent eyewitnesses, video evidence, DNA/forensic evidence, caught red-handed with drugs/weapon in your possession. Those cases are HARD but not impossible—illegal search gets evidence suppressed, coerced confession gets excluded, eyewitness identification can be challenged. But some cases are IMPOSSIBLE to win because defendant made mistakes that destroyed any defense. You lie to police—tell them “I wasn’t there” when you were (get caught in lie and jury assumes EVERYTHING you say is lie—once credibility destroyed you cannot rebuild it). You destroy evidence—delete texts or photos, throw away clothes, clean crime scene (separate obstruction of justice charge under PC 135 carrying 16 months to 3 years, jury gets “consciousness of guilt” instruction, makes you LOOK guilty even if you’re innocent). You flee—miss court dates, leave state, change appearance (judge issues no-bail warrant, infers GUILT because “innocent people don’t flee,” trial penalty is MASSIVE). You contact witnesses—trying to get “stories straight” or convince victim to recant (separate witness tampering charge, makes you look guilty because “innocent people don’t coordinate stories”). Even if you’re INNOCENT these mistakes make you LOOK guilty. You’re charged with assault, you DIDN’T do it, but you panic and lie to police, delete texts that would HELP you, miss court date, try to call victim. Judge and jury see defendant who lied, destroyed evidence, fled, contacted victim—they assume “innocent people don’t act like that” and convict you. You took case that COULD be won and made it UNWINNABLE by acting guilty.
The Timeline Mistakes That Cost You Everything
What are the 7 basic steps in a criminal case? Step 1: Arrest and booking—mistake is talking to police before attorney arrives (invoke Fifth Amendment). Step 2: Arraignment within 72 hours—mistake is missing court date (bench warrant, bail revoked, new failure to appear charge). Step 3: Bail hearing—mistake is violating bail conditions by using drugs or contacting alleged victim (bail revoked). Step 4: Discovery and pretrial motions—mistake is not hiring attorney EARLY (they need time to file suppression motions, Pitchess motions, motions to dismiss—these have DEADLINES). Step 5: Preliminary hearing for felonies—mistake is not investigating witnesses early (you wait 6 weeks, witnesses have moved, surveillance footage is deleted, your defense evidence is GONE). Step 6: Plea negotiations—mistake is not understanding trial penalty (prosecutor offers 3 years, you reject it, LOSE at trial, judge sentences you to 9 years—that 6-year difference is trial penalty). Step 7: Trial and sentencing—mistake is lying on witness stand (lose all credibility, jury convicts). Why timing matters to YOUR life—you’re arrested Saturday for assault at bar, post bail Sunday, don’t hire attorney until three weeks later. By then bar’s surveillance footage showing other guy starting fight is DELETED (most businesses keep footage 14-30 days). Witness who saw other guy swing first has moved to different city. Bartender who would testify you were acting in self-defense doesn’t remember details. Your attorney files motion to dismiss but has NO EVIDENCE because all evidence is gone. You lose motion, case goes to trial, you’re convicted—case you COULD have won is now lost because you waited three weeks. Time-sensitive opportunities you LOSE—suppression motions must be filed before trial, public defender at arraignment can request bail reduction but you missed arraignment so you’re sitting in jail on $100,000 bail, California courts allow early disposition programs but you missed arraignment. Every day you wait prosecutor’s case gets STRONGER and YOUR case gets WEAKER (witnesses disappear, memories fade, footage deletes). You’re charged with crime in Los Angeles—hire attorney IMMEDIATELY (find attorney through State Bar of California), show up to EVERY court date, invoke Fifth Amendment, do NOT contact alleged victim, do NOT post about case on social media, do NOT consent to searches. These mistakes DESTROY defenses—don’t make them.
212-300-5196.