Going through criminal cases might feel very overwhelming. In such situations, clients need to have a firm grasp of the things they must avoid, so that they can save themselves from further scrutiny.
Below, we have listed the common ways in which clients unknowingly end up jeopardizing their own criminal cases.
They Speak Without Any Legal Representation
Talking to the authorities without a lawyer by their side is arguably the biggest and most common mistake that is made by clients. Many fall under the impression that clarifying small details or explain one’s own side cannot be used against them, the truth couldn’t be any more different.
First and foremost, whatever a client says is eligible to – and will certainly be used against them in court. An off-hand comment could very well get its meaning twisted to seem like something else was being said. This is exactly why it is paramount for the client to have their attorney present at all times.
Secondly, people are often at their emotional worst after being arrested. In such moments, they might end up saying something that could end up contradicting a previously-made statement. Having a lawyer present helps avoid this problem by keeping the statement consistent and discrepancy-free.
Last but not least, law enforcement officials are adept at getting people to give away information. To that end, they might utilize tactics to have you reveal something you didn’t need to, or say something seemingly harmless that could easily be used against you. Lawyers can once again help avoid this by giving you much-needed support and guidance.
They Might Not Reveal Everything To Their Attorney
Any lawyer-client relation is based on trust. A lot of this is dependent on the lawyer’s conduct. However, there is some responsibility on the part of the client too.
Many clients are known to keep key pieces of information from their lawyer, fearing being judged or feeling embarrassed. This is, however, a big mistake that should never be made.
In order to defend clients, attorneys need to have all information – both in terms of the big picture and the small details. If they are missing details, it can leave the case vulnerable to surprise attacks and subsequent weakening. Clients must keep in mind that the attorney is bound by an agreement to keep all information confidential, and nothing that the client says will ever be leaked to any third party.
Finally, giving the lawyer all details allows them to gauge any potential vulnerabilities and make a plan of action to stop them in their tracks.
They Might Ignore Court Orders And/or Bail Terms
The purpose of terms and conditions in a bail is to minimize the risk of running away. Ignoring these rules, be they intentional or unintentional, could lead to a revoked bail and going back to jail. This is a very tough scenario for the attorney, as it will be more difficult for them to create their defense strategy.
Yet another way in which rules can be broken is by ignoring orders issued by the court. These include travel restrictions and restraining orders, among others. Flouting these rules can end up putting the client’s character into question and alter the judge’s opinion towards the negative.
Finally, any and every violation that has been made makes the case more complex. It also forces the attorney to focus on fixing the mess created by the violations – energy they could have used behind strengthening the defense strategy.
They Could Post Case Details On Social Media
Anyone must remember that anything that has been posted on social channels is automatically an element of public record. This includes personal pages and private accounts, since a shared post could always end up where it shouldn’t belong. This leaves the prosecutor(s) to use anything on social media against the client.
Secondly, there is very little nuance in social media. Most posts lack any context, leaving them vulnerable to be misquoted. A simple joke or offhand comment can just as easily be misinterpreted by the prosecution, the jury or even the judge.
Lastly, any posts made on social media might violate a gag order in place. This can make things complicated if the court decides to charge the claimant.
They May Skip On Scheduled Attorney Appointments
For any criminal case to be completed to fruition, good attorney-client rapport is paramount. However, there are certain clients who skip on scheduled appointments with their lawyers, having the assumption that the latter can handle things on their own. They could not be more wrong.
Attorney-client meetings are a great way to keep updated information on record, keep details clarified and concerns addressed. Skipping on these appointments will leave the lawyer lacking vital information required to create a sound defense strategy.
Last but not least, lack of proper meetings can cause miscommunication and/or misunderstandings. With less-than-desirable information, your lawyer may end up unknowingly hampering your case by using information that is inaccurate.
They Might Underestimate The Importance Of Evidence
Any case is only as strong as its evidence. Sadly, clients often tend to overlook the importance of these, and end up failing to preserve it, tampering with it, or even destroying evidence altogether.
Clients have to understand that preserving any and all evidence (this includes documents, photos, or e-records) is highly important. These are the items that will corroborate their claims and often disprove that of the prosecutor(s). Not having such evidence at hand can be negatively detrimental to the case and the client.
On the flip side, tampering with any evidence in any way – whether or not it is on purpose is in itself a criminal offense. Doing this can undermine the client’s credibility and even leave them exposed to being charged further.
They May Fail To Make Adequate Preparations Before Appearing In Court
Court dates are a critical point in any criminal case. Many clients tend to believe that they can simply manage to make it happen with little or no preparation – something that highly mistaken leads to unfavorable outcomes.
Preparing in advance of a court appearance entails the client getting a grasp of proceedings and the role they play is in the process. When clients know the things they can expect and the way they must behave, it can steer the outcome in their favor. This is where an attorney can be helpful – they can help clients prepare adequately, especially in face of potential adverse scenarios.
When clients are not prepared, it can cause them to be nervous or uncertain, which has a negative impact on their appearance as well as the effect of their testimony.
Last but not least, a prepared client demonstrates how dedicated they are to legal proceedings.
They Might Ignore Their Attorney’s Advice
In legal proceedings, a client’s attorney is their advocate, whose job is to guide them through the case while steering towards a favorable outcome. Ignoring their advice, for any reason, is always a bad move.
Attorneys have gone through this process before (for other clients) and have thus gained a lot of knowledge and experience. They have a thorough grasp of how the law works. Not listening to them can have a big negative impact on the client and their case.
They May Involve An Unqualified Third Party
When under pressure, most people seek advice from their family or friends – this is very natural. That said, when it comes to legal proceedings, this could be counterintuitive.
Well intentioned as they may be, family and friends are largely unqualified to give advice. Any advice that they do give could cause further complications in the clients’ current situation. It might also lead to them making unqualified decisions which could end up harming their defense strategy entirely.
Furthermore, when clients share confidential information, they may end up breaching confidentiality laws, thus making themselves vulnerable to the information they share being used against them in court.
Finally, opinions from an unqualified third-party might clash with the strategy laid down by your lawyer. This can create an unnecessary distraction that might end up having a negative impact.
They Might Not Realize the Effect Of Their Own Conduct
A client’s own behavior during legal proceedings has a profound impact on their case’s outcome. Yet, many clients end up overlooking this, which often leads to negative results.
A client’s behavior – both inside and outside the court – is a reflection of their reliability and personality. Keeping calm and collected, being honest and staying respectful of all parties and of the legal process go a long way in steering the prosecutor(s), jury and judge’s perception of the client.
It is best not to engage in any behavior that can be seen in a negative light. This can make the defense strategy weaker and cause unnecessary complications.
To Conclude…
Criminal cases are very sensitive, and do not take well to decisions being taken lightly. There is a lot of room for errors, which if not addressed in time can have a profoundly negative impact on the case. By understanding what these errors might be, and having faith in their lawyers, clients can avoid jeopardizing their own cases and fortify their defense strategies.
If you – or someone close to you – is facing a similar situation, you might still have a chance to get a positive outcome – provided you apply the above-mentioned insights and put your faith in your lawyer and work with them.