Discover the #1 Mistake People Make When Facing Criminal Charges

The Critical Error: Talking to the Police

When confronted by law enforcement, the instinct to speak and prove your innocence can be overwhelming. However, speaking to the police without a lawyer present is the number one mistake individuals make when facing criminal charges. Anything you say, no matter how insignificant it seems, can be used against you in court.

Confessions are the most potent tools for a prosecutor, but even innocent remarks can lead to charges. Protect yourself: do not talk to the police, do not give any statements, and do not sign anything without consulting a lawyer.

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Guard Your Rights
Against Unlawful Searches

Do not consent to searches of your car, home, or personal belongings. Police need a warrant or your consent to legally search your possessions.

By not consenting, you strengthen your defense against potential charges. Remember, anything overheard by officers during a search can also be used against you.

Guidelines if Stopped by Police

  • 1.
    Be Polite but Resolute: Always be courteous but firm in your rights. Do not resist physically and avoid providing false information, as these actions can lead to additional charges.
  • 2.
    Comply with DWI Procedures: If stopped for DWI/BWI/DUI, comply with the blood alcohol testing as refusal can itself be a crime. However, you can request a blood or urine test.
  • 3.
    Refuse Consent for Searches: Do not allow officers to search your vehicle, home, or belongings without a warrant.
  • 4.
    Protect Your Digital Privacy: Do not hand over electronic devices or passwords; police require a warrant to access this information.
  • 5.
    Withhold Statements: Refrain from making statements; even truthful comments can be misconstrued and used against you.
  • 6.
    Inquire About Detainment: Ask officers if you are being detained and if not, you have the right to leave.

Your Right to a Fair Trial

Being charged does not guarantee a conviction; you have the right to challenge these charges in court. A trial allows you to contest the admissibility of evidence, cross-examine witnesses, and present your defense.

You have the choice to testify or remain silent, with no negative inference if you choose silence. Trials can be before a judge or a jury, depending on the charge severity, and you are always presumed innocent until proven guilty beyond a reasonable doubt.

A trial is a formal proceeding during which the prosecutor tries to prove their case and convict you of a crime.

At trial you have the right:

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    To challenge the admissibility of evidence before the trial starts;
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    To confront and cross-examine the prosecutor’s witnesses;
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    To bring in witnesses in your defense, by the power of judicial subpoena if necessary;
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    To take the stand in your own defense or
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    To remain silent, and if you decide to remain silent, the prosecutor can’t use that choice against you;
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    To have your trial before just a sitting judge (called a bench trial), or to a panel of jurors. In misdemeanor/gross misdemeanor cases, the jury consists of 6 people. For all felonies and federal matters, the jury consists of 12;
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    To be presumed innocent;
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    To require the prosecutor to prove the charges against you Beyond a Reasonable Doubt.

Why You Need a Seasoned Defense Attorney

Navigating a trial involves complex rules and strategies best handled by experienced legal professionals. Catherine is a seasoned defense attorney specializing in both federal and state criminal charges. Her expertise is crucial in holding the government accountable and ensuring they meet their burden of proof.

Do not discuss your case with anyone before speaking to a qualified lawyer. If you've been involved in a police search, seizure, or have made statements to the police, Catherine can provide essential legal assistance. Contact her today for a free consultation and protect your rights with expert legal defense.