Being accused of a crime is bad enough, but some people still manage to make their bad situation even worse. Based on my seventeen years in this profession, here are the top ten ways I see people damage their criminal cases:
1. Skip bail. If you fail to show for court, you're going to lose whatever respect the judge may have for you as well as give the proseuctor an argument for why you aren't a good candidate for probation. The judge will issue a warrant for your arrest which will pop up at the worst possible time, like when you are standing at the airport trying to leave for vacation or when you get stopped for speeding on the way to your daughter's wedding.
2. Move, but don't tell anyone. If I can't find you then your bail bonding company probably can't find you and the court can't find you, so now it looks like you've skipped bail, because you won't get court notices in the mail and you won't get letters from your attorney. See #1. Just because you may have told the Post Office your new address doesn't mean the Judge has it. It is not the job of the court system to hunt you down. It is your job to keep them informed of your whereabouts. If you don't want to do that, at least tell your lawyer and bail bondsman.
3. Change telephone numbers, but don't tell anyone. So this way, the only method left of communicating with you is by mail or email. You've now put yourself at a disadvantage because your lawyer can't find you, or at least can't find you on short notice.
4. Talk about your case on Facebook. Facebook isn't private. Cops and prosecutors have it too, and sometimes they can see more than other users can see. If you are charged with stealing a TV, don't post a picture on FB of yourself holding the TV. If you are charged with armed robbery, don't post a picture of yourself on FB holding a firearm.
5. Talk about your case on jail telephones. Those are recorded. Just assume that anything you say on a jail telelphone to anyone but your lawyer can and will be used against you. Calls to your lawyer aren't supposed to be recorded, but why take the chances? I prefer to talk to my clients in person.
6. Get arrested for something new while your other case pending. Now you are all but assured that you are going to sit in jail without bail until both cases are resolved, and you've given the prosecutor an argument why you need prison more than probation. If you really want to compound your problems, get arrested again for the same thing you were arrested for last time, like my client who managed to get two more DUI's while the first one was still pending.
7. Don't pay your lawyer. I will take your case as seriously as you do, or don't. Taking your case seriously means paying your attorney to work on your case. If you decide you need new rims on your car more than you need to pay your lawyer, I will understand that you do not take your case seriously and neither should I.
8. Fail a drug test. Some judges will randomly test you for drugs while on bond. If you fail, you're going to end up back behind bars. Urine tests are incredibly sensitive nowadays, to the point that alcohol hand sanitizer can cause a false positive.
9. Lie to your lawyer. Lie to everyone else all you want, but don't lie to your lawyer. We can't help you if you don't help us understand what's going on. We know only as much about the case as you tell us, and everything you say is confidential.
10. Talk to police. No single act puts more people in prison than the act of sitting down with a cop and telling "your side of the story." Cops are trained professionals in techniquest to convince people to talk about things they shouldn't admit. Don't fall for it. You're digging your grave when you do. Remain silent and call your lawyer.
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