How to Protect Yourself if You’re Involved in a Criminal Case

Facing criminal charges can be intimidating, and the process is ripe with opportunities to hurt your case. In fact, there are significant pitfalls for anyone involved in the case, even if they don’t believe they’re a suspect. The best source of guidance when you’re involved in a Georgia criminal case is to seek legal advice from an experienced Augusta criminal defense attorney right away. This overview will help you understand how to protect yourself until you have the opportunity to consult a defense lawyer.

How to Protect Yourself During Police Interactions

Most people make mistakes when interacting with the police. Those mistakes run in many different directions. For example, being hostile and confrontational is generally a serious mistake. But, trying too hard to be helpful can also be a mistake. It’s important to remember that your interests and the interests of the police officers may conflict–even if you haven’t committed any crime. And, they aren’t required to tell you the truth.

As a starting point, always remain calm and polite. Of course, that doesn’t mean you have to give up your rights. Preserving your rights can be a delicate balance, and you may have to clearly assert certain rights. That starts with understanding them. 

When and How to Invoke Your Right to Remain Silent

In certain circumstances, people are required to provide certain information to police in Augusta and throughout Georgia. For example, if you are stopped for a traffic violation, you are obligated to provide your driver’s license, registration, and insurance upon request. And, police who have probable cause to believe you have committed a crime and/or are arresting you have a right to ask your identity.

Beyond that basic information, you generally have no obligation to answer questions. It is usually best not to speak with the police at all until you have consulted a criminal defense attorney. That means you need to know how to extricate yourself. Here are some examples of how that may play out: 

Police Ask You to Come Down to the Station for an Interview

If you get this request in voicemail or some other way where you aren’t already speaking directly with police, contact a defense lawyer right away, before you respond. If the officer swings by your house to make the request or stops you on the street or you pick up the phone when they call, politely decline and contact a criminal defense attorney. If it’s in your best interest to talk to the police, your attorney can arrange that interview, prepare you for it, and go with you to protect your rights during the interview.

Police are Questioning You on the Street

Whether you were in the wrong place when police showed up or they sought you out specifically, it’s important to understand your circumstances and your options. Often, people approached by police and questioned in public are unclear on whether they are free to leave. In fact, police officers sometimes create the impression that you are not free to leave without actually saying so. 

The best way to find out is to ask directly, “Am I free to leave?” If the officer says you are free to leave, it’s generally best to do so without answering any questions or volunteering any information. If the officer says you are not free to leave, it’s time to invoke your right to remain silent, and your right to an attorney. The clearer you are about this, the better.

You Have Been Arrested

The final paragraph in the previous section applies here as well. If you have been arrested, you should invoke your rights and contact an attorney immediately.

Be Careful What You Agree To

One pitfall of interacting with police is that you may not always understand the conversation in the same way the officer does. For example, imagine that you have been pulled over for speeding and the officer says to you, “Could you please exit the vehicle so that I can take a look in the car?”

Drivers and passengers are typically required to comply with a police order to get out of the vehicle. Most people know that, or simply don’t want to keep the peace, and so they get out of the car. That’s the right call. But, in this situation, more is required–because the police officer who asked you to get out of the vehicle so they could look around may later claim you consented to a search by exiting the vehicle based on that request. It’s important to calmly, politely, be clear that you are not, with direct language such as “I am getting out of the car, but I am not consenting to a search.” 

Note, however, that you should never attempt to interfere with the officer. If you tell them you are not consenting to a search and they go ahead anyway, that’s an issue for your attorney to address later. 

Top Do’s and Don’ts During the Criminal Defense Process

• Don’t answer questions or volunteer information without an attorney; Do contact an experienced criminal lawyer right away
• Don’t fight with or threaten police or other officials; Do remain calm and polite while clearly asserting your rights
• Don’t consent to a search; Do clearly state that you are not consenting
• Don’t allow police access to your phone or other devices; Do clearly state that you are not consenting
• Don’t talk to other people about the criminal case or underlying facts; Do follow your attorney’s instructions to best protect your rights
• Don’t believe police when they say they’re trying to help you; Do understand that the criminal justice system is adversarial and the prosecution is not on your side
• Don’t try to negotiate a deal on your own; Do rely on an attorney with extensive knowledge of the local criminal justice system

Criminal Lawyers in Augusta, GA

Protecting your rights in a Georgia criminal proceeding starts as soon as you come in contact with police or know you’re being investigated. One of the most important steps is finding the right criminal defense lawyer. To schedule a consultation with Augusta criminal defense attorney J. Todd Mitchell, call (706) 750-0501 right now.