mistakes
by Marc Kohnen | Dec 2, 2024 | Criminal Defense Attorney

Top Mistakes to Avoid When Facing Criminal Charges in San Diego

In the face of criminal charges, many people make hasty decisions that jeopardize their cases. Knowing what mistakes to avoid when facing criminal charges in San Diego can make a significant difference in the outcome. With years of experience defending clients in San Diego, I’ll walk you through common pitfalls and provide you with key insights on how to protect your rights.

Speaking to the Police Without a Lawyer

One of the biggest mistakes individuals make is talking to the police without consulting an attorney. Law enforcement is trained to extract information, sometimes leading to unintended self-incrimination. Remember, anything you say can be used against you. Always ask for a lawyer before answering questions.

Failing to Understand Your Rights

When arrested, you have certain rights, but many people don’t fully understand them. Misunderstanding or not asserting these rights can have severe repercussions.

Knowing Your Right to Remain Silent

The right to remain silent is a powerful tool. Exercise it, especially if you’re unsure about the implications of speaking to authorities. Saying the wrong thing can escalate a situation or impact your case.

Ignoring Legal Representation

Many underestimate the value of an experienced criminal defense attorney. Trying to handle charges alone often leads to poor outcomes, as the legal system is complex and unforgiving.

The Importance of Experienced Defense

An attorney familiar with San Diego’s criminal court system knows how to navigate procedures, advocate for your rights, and build a robust defense. Don’t risk your future by skipping this critical step.

mistakes

Making Statements to Friends or Family

You might feel compelled to confide in someone close, but discussing your case with friends or family can harm your defense. These conversations can be used in court, especially if they contradict any legal statements.

Sharing Details on Social Media

In today’s digital age, people often share personal details on social media without considering the consequences. Anything you post may be accessed by prosecutors and used to build a case against you. Refrain from discussing your case online to avoid providing incriminating evidence.

Not Taking Charges Seriously

Sometimes, individuals downplay the severity of their charges, assuming they’ll easily avoid punishment. This attitude can prevent you from taking the necessary steps to prepare a strong defense.

The Impact of Felony vs. Misdemeanor Charges

San Diego courts do not take felony or even misdemeanor charges lightly. Each can carry serious consequences, from jail time to heavy fines. Taking your charges seriously from the start helps prevent future complications.

Resisting Arrest or Being Noncompliant

Resisting arrest or arguing with officers only worsens your situation. Noncompliance can lead to additional charges or even physical harm. Staying calm and cooperating can help avoid unnecessary issues.

Overlooking Court Orders or Bail Conditions

After release, you’ll likely be subject to bail conditions or court orders. Ignoring these can lead to additional charges or even jail time.

Violating a Restraining Order

One common example is violating a restraining order, whether intentionally or unintentionally. Always comply with the terms set by the court to prevent further complications.

Missing Court Dates or Appointments

Failing to appear in court is a critical mistake that can lead to a warrant for your arrest. Keep track of all scheduled appearances to ensure compliance with the court’s expectations.

Believing You Can Defend Yourself

Representing yourself in court is risky, especially in complex criminal cases. Without the legal expertise required, you’re at a severe disadvantage. Trust a qualified defense attorney to advocate on your behalf.

Failing to Collect Evidence

Collecting evidence can be crucial to your defense, yet many overlook this step. Whether it’s text messages, photos, or videos, preserving any evidence that supports your case is essential.

Preserving Messages, Videos, or Photos

Digital evidence can be pivotal, especially in cases involving misunderstandings or wrongful accusations. Secure anything relevant to prevent it from being lost or deleted.

Assuming First-Time Offenses Will Be Overlooked

San Diego’s courts take every case seriously, including first offenses. Don’t assume leniency because you have no prior record; each case is evaluated independently, and consequences can be severe.

Underestimating the Consequences of Convictions

Convictions can have lasting impacts beyond jail time, affecting your career, housing options, and social standing. Being proactive in your defense can help avoid these repercussions.

FAQs

  1. Why shouldn’t I speak to the police without a lawyer?
    The police are trained to gather information that may be used against you. Without an attorney present, you risk self-incrimination.
  2. Is posting on social media during a case risky?
    Yes, any post can potentially be used as evidence. Refrain from sharing case details to avoid complicating your defense.
  3. Can a first offense lead to serious consequences?
    Yes, San Diego courts take every case seriously, regardless of past records.
  4. What happens if I miss a court date?
    Missing a court appearance can result in a warrant for your arrest, complicating your legal situation.
  5. How can an attorney improve my case?
    An experienced attorney understands local laws, court procedures, and how to advocate effectively on your behalf.

criminal defense attorney in san diego

Facing criminal charges can be one of the most daunting experiences of your life.

Avoiding these common mistakes gives you the best chance at a favorable outcome. At the Law Office of Marc S. Kohnen, we are committed to protecting your rights and guiding you through every step of the process.

Call us now to schedule a consultation with a criminal defense attorney in San Diego.
We’re here to help 24/7: (619) 398-2500 or contact us online.