When you’re arrested, your instincts may tell you to explain yourself, defend your actions, or cooperate as much as possible. Unfortunately, those instincts can sometimes lead to critical mistakes that make defending your case much harder later. Protecting your rights starts the moment you are arrested, not after you hire a lawyer. Knowing what mistakes to avoid can help you safeguard your freedom and fight back more effectively.
Talking Without a Lawyer Present
One of the most common—and dangerous—mistakes people make after being arrested is speaking freely to the police. You might think you’re helping yourself by “clearing things up,” but in reality, every word you say can be twisted and used against you later. Law enforcement officers are trained to elicit incriminating statements. Always exercise your right to remain silent and request to speak with your attorney before answering any questions. At Reynoso Erickson Trial Law, P.A., we strongly advise clients to invoke their rights immediately and refuse any questioning without legal counsel present.
Resisting Arrest
No matter how unfair or aggressive an arrest may feel, resisting—even passively—can lead to additional charges. Struggling, pulling away, arguing loudly, or refusing to comply can quickly escalate the situation and put you in greater legal jeopardy. Cooperate physically during the arrest, but verbally assert your right to remain silent and contact an attorney as soon as possible.
Posting on Social Media
After an arrest, many people turn to social media to vent their frustrations or share their side of the story. This is a massive mistake. Prosecutors scour social media accounts for evidence that can damage your defense. Photos, comments, or check-ins—even seemingly harmless ones—can become powerful weapons against you in court. Stay silent online, and instruct friends and family not to discuss your case publicly either.
Trusting the Prosecutor
Sometimes police or prosecutors might imply that cooperating without a lawyer will result in leniency. Don’t believe it. Prosecutors have one goal: to secure a conviction. They’re not your friend, and they’re not looking out for your best interests. Trust your attorney to negotiate and advocate for you. Never make deals, statements, or agreements without your lawyer guiding the process.
Delaying Hiring a Criminal Defense Attorney
Another common error is waiting too long to seek legal help. The earlier you hire a skilled defense attorney, the sooner they can start protecting your rights, preserving evidence, and building a strong strategy. Critical opportunities can be lost in the first few hours and days after an arrest. At Reynoso Erickson Trial Law, P.A., we respond immediately to client emergencies because timing can mean everything in criminal cases.
Other Mistakes to Avoid After an Arrest
- Consenting to searches without a warrant
- Volunteering to submit to all tests without knowing your rights
- Failing to attend scheduled court hearings
- Underestimating the seriousness of your charges
- Ignoring the advice of your attorney
How a Criminal Defense Attorney Helps Protect You
Once you’re arrested, prosecutors start building a case against you immediately. A criminal defense lawyer counters that by investigating your arrest, challenging any unconstitutional actions, and poking holes in the prosecution’s evidence. Whether it’s filing motions to suppress illegally obtained evidence, negotiating bail reductions, or preparing for trial, early intervention by an experienced attorney is crucial. Our team at Reynoso Erickson Trial Law, P.A. prepares every case aggressively, aiming to have charges dismissed, reduced, or fought successfully in court.
Steps You Should Take After an Arrest
- Politely refuse to answer questions until your lawyer is present
- Decline to give consent for searches without a warrant
- Contact a qualified criminal defense attorney immediately
- Refrain from posting or discussing your case online or with anyone but your attorney
- Follow your lawyer’s advice at every stage of the process
Don’t Let One Mistake Ruin Your Life
An arrest is serious—but it doesn’t have to define your future. Avoiding these common mistakes can make a huge difference in the outcome of your case. Having the right legal team fighting for you is essential. If you or a loved one has been arrested, reach out to a dedicated Miami criminal defense attorney at Reynoso Erickson Trial Law, P.A. today. Let us stand by you and protect your rights from the very beginning.