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Common Mistakes People Make After Being Arrested


Whether it is a first-time offense or someone has previous encounters with the criminal justice system, the hours and days following an arrest are filled with fear, confusion, and uncertainty.

Unfortunately, many people make decisions during this time that can seriously affect their case. 

What you do after an arrest is as important as what happened before it. Here are some of the most common mistakes people make after being arrested. 

Talking Too Much to the Police

Many people believe they can talk their way out of the situation. You may want to explain yourself, tell your side of the story, or clear up a misunderstanding. However, anything you say can potentially be used against you.

You have the right to remain silent. Use it. Exercising that right does not make you look guilty. It protects you from unintentionally providing information that prosecutors may later use to build their case.

If you are arrested, remain polite and respectful. You can avoid answering questions until you have spoken with a criminal defense lawyer.

Posting on Social Media

Many people turn to social media when they are upset, frustrated, or looking for support. After an arrest, posting online can create major problems.

Comments, photos, videos, and private messages may become evidence. Even those posts that seem harmless can be taken out of context or used to challenge your credibility. Your safest choice is to avoid discussing your arrest or criminal case on social media.

Ignoring Court Dates

After being released from custody, some individuals assume they can deal with the situation at a later time. Missing a scheduled court appearance is a serious mistake.

Failure to appear will lead to additional legal consequences, including:

  • Bench warrants
  • Higher bond amounts
  • Possible additional criminal charges 

Michigan courts expect defendants to appear as required. Keeping track of all hearing dates and maintaining communication with your attorney is important.

Violating Bond Conditions

When a person is released before trial, the court may have a few conditions for their release. Some bond conditions may include:

  • Avoiding contact with certain individuals
  • Abstaining from alcohol or drugs
  • Remaining within a specific geographic area
  • Participating in testing or treatment programs
  • Complying with electronic monitoring requirements

Some people might view these conditions as suggestions. But they are court orders. Violating these conditions can result in bond revocation and a return to jail while the case is pending.

Not Contacting an Attorney Right Away

Many people think they should wait until their first court date or until formal charges are filed. In reality, early legal intervention can be valuable in your case. An experienced Michigan criminal defense attorney may be able to:

  • Begin reviewing evidence
  • Communicating with prosecutors
  • Protecting your rights
  • Identifying potential defenses 

The sooner an attorney becomes involved, the more opportunities there may be to influence the direction of the case.

Failing to Follow Legal Advice

After hiring a lawyer, some individuals continue to make decisions without consulting their counsel. They may contact alleged victims, respond to police inquiries, or attempt to gather evidence on their own.

Sometimes, these actions can create additional complications.

Your lawyer understands the legal process. They can help you avoid mistakes that may negatively affect your defense. Following legal advice is one of the most important steps you can take after an arrest.

Protecting Your Future After an Arrest

Now that you know the most common mistakes people make after being arrested, you can avoid them. Remaining silent, avoiding social media discussions, complying with court requirements, and seeking legal representation as soon as possible can help protect your rights.

If you have been arrested in Michigan, you need to take the situation seriously. Working with a knowledgeable criminal defense lawyer can help you with the legal process. At the Law Office of James Fillmore, we are ready to help you discover your options. Schedule a consultation today. 

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