Common Mistakes to Avoid When Charged with a Crime in San Diego

Facing criminal charges can be overwhelming, especially if it’s your first encounter with the legal system. Many defendants, without realizing it, make critical mistakes during the arrest, arraignment, and trial phases of their case. These missteps can weaken their defense, lead to harsher penalties, or even impact their chances of getting the charges reduced or dismissed. In this blog, we’ll explore common mistakes defendants make and how working with an experienced criminal defense attorney can help you avoid these pitfalls.

1. Talking to Police Without Legal Representation

One of the most common mistakes people make after being arrested is speaking to the police without a lawyer present. Law enforcement may try to get you to talk under the guise of “clearing things up” or “helping your case,” but anything you say can—and will—be used against you.

What to do instead:

Invoke your right to remain silent and request an attorney immediately. By staying quiet and not answering questions without legal representation, you protect yourself from making potentially damaging statements.

2. Resisting Arrest

Resisting arrest can lead to additional charges and make your case even more complicated. Whether it’s through physical resistance or refusing to cooperate with officers, many defendants make the mistake of thinking they can argue their way out of being arrested on the spot.

What to do instead:

Even if you believe your arrest is unjust, comply with the officer’s instructions and allow the legal process to unfold. You will have the opportunity to challenge the arrest and any charges in court, where your attorney can help present your case.

3. Failing to Hire a Criminal Defense Attorney

Some individuals charged with a crime believe they can handle their case without legal representation or rely on a public defender. While public defenders are capable, they often manage heavy caseloads and may not be able to provide the personalized attention your case needs.

What to do instead:

Hire an experienced criminal defense attorney as soon as possible. A dedicated attorney will take the time to thoroughly review your case, build a strong defense, and guide you through every step of the process. Having a lawyer on your side can increase your chances of a favorable outcome, whether it’s negotiating a plea deal or going to trial.

4. Not Taking the Charges Seriously

Some defendants downplay the severity of their charges, assuming that minor offenses won’t result in serious penalties. Whether you’re facing a misdemeanor or felony, failing to take the situation seriously can result in a conviction that leaves lasting consequences on your record, including fines, jail time, and a permanent criminal record.

What to do instead:

Treat every criminal charge with the seriousness it deserves. Work closely with your attorney to understand the potential consequences and develop a strategic defense that addresses all aspects of your case.

5. Missing Court Dates

Failing to appear for scheduled court dates is a critical mistake that can lead to a warrant being issued for your arrest, increased penalties, and reduced credibility in the eyes of the judge. Even if your circumstances change or you feel anxious about appearing in court, missing a court date can severely damage your defense.

What to do instead:

Always attend your court hearings and remain in close communication with your attorney. If there is a legitimate reason why you can’t attend, notify your lawyer in advance so they can help reschedule or manage the situation properly.

6. Posting on Social Media

Many defendants make the mistake of posting about their case or related events on social media. Photos, status updates, or even comments can be used by prosecutors to build a case against you. Even seemingly innocent posts can be twisted to support the prosecution’s narrative.

What to do instead:

Avoid discussing your case on social media entirely. Set your accounts to private, and avoid posting anything that could be interpreted negatively. Consult with your attorney about best practices for online activity while your case is pending.

7. Failing to Comply with Bail Conditions

Once released on bail, defendants are often given specific conditions they must follow, such as attending court dates, abstaining from alcohol or drugs, or avoiding certain locations. Violating these conditions can result in your bail being revoked, meaning you could be taken back into custody.

What to do instead:

Adhere strictly to all bail conditions. Take your release as an opportunity to work closely with your attorney and prepare for trial, ensuring you don’t take any risks that could jeopardize your freedom.

8. Speaking About the Case with Family or Friends

While it’s natural to want to discuss your situation with trusted loved ones, sharing details of your case can backfire. Friends or family members can be called as witnesses, and anything you share may end up being used against you in court.

What to do instead:

Only discuss the details of your case with your attorney, who is bound by attorney-client privilege. Your lawyer is the only person who can offer guidance without risk to your defense.

9. Accepting a Plea Deal Without Understanding the Consequences

In many cases, prosecutors offer plea deals to resolve cases quickly, but defendants often accept these deals without fully understanding the long-term consequences. A plea deal may seem like the easiest option, but it can result in a permanent criminal record and limited opportunities in the future.

What to do instead:

Before accepting any plea deal, discuss it thoroughly with your attorney. They will help you weigh the pros and cons, ensuring that you make an informed decision that’s in your best interest.

10. Failing to Disclose All Information to Your Attorney

Keeping secrets from your attorney can hinder their ability to provide an effective defense. Some defendants withhold details they find embarrassing or irrelevant, only for those facts to come out later in a damaging way.

What to do instead:

Be completely honest with your attorney, no matter how uncomfortable certain details may be. The more information they have, the better they can protect you and develop a defense strategy tailored to your case.Conclusion: How a Criminal Defense Attorney Can Help You Avoid Mistakes

Navigating the criminal justice system in San Diego can be complex, but working with an experienced criminal defense attorney can help you avoid these common pitfalls. Your lawyer will protect your rights, guide you through the legal process, and advocate for the best possible outcome.

If you’re facing criminal charges in San Diego, don’t leave your future to chance. Reach out to a qualified defense attorney who can help you avoid costly mistakes and provide the defense you deserve.

Schedule a Confidential Consultation with a Leading Criminal Defense Attorney in San Diego

If you believe you need legal counsel or representation from an experienced San Diego defense lawyer, don’t hesitate to contact us at (619) 398-2500. Marc Kohnen is a seasoned defense attorney, licensed to practice in both State and Federal Courts, and holds a near-perfect 9.9/10 Avvo rating.

Our firm has earned over 55 flawless five-star Yelp reviews by providing exceptional care and results for our clients. Rest assured, your consultation with Mr. Kohnen is completely confidential.

For immediate assistance, call us today to schedule your consultation with a top-rated criminal defense attorney in San Diego.

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