An arrest is a stressful experience. People going about their lives suddenly find themselves deprived of their freedom. Individuals taken into state custody are likely to face criminal charges in the near future. Those in state custody frequently make mistakes that can lead to their prosecution or complicate attempts to defend themselves against the charges they face later.
What mistakes do those under arrest and in state custody frequently make?
1. Trying to talk their way out of the situation
Many people accused of criminal activity assume that police officers have made a mistake. They believe that officers may have misidentified them or misunderstood the situation. People may mistakenly believe that they can convince police officers to release them even after the initial stages of the arrest procedure. The attempts they make to exonerate themselves may actually put them in a weaker position if the state brings charges against them later.
2. Talking to others while in state custody
Individuals held in group holding cells may pass the time by discussing their situation with others. What they reveal could then end up used against them in court later. Anyone in state custody could theoretically act as a jailhouse informant later. Even those who avoid discussing their situation with strangers might make mistakes when they call friends or family. Those in state custody generally have access to telecommunications for outbound phone calls. However, any calls they make, other than calls to their lawyers, are subject to recording and monitoring. What they say on those calls could end up used as evidence against them later in court.
3. Confessing due to police officer promises
Police officers trying to solidify their case often use high-pressure tactics on people immediately after an arrest. They may advise them that they have one chance to limit the charges they face or the consequences the courts might impose. They may promise their support or lenient treatment if the person confesses immediately. Even those who strongly assert their own innocence may agree to confess if they believe that doing so could protect them from the worst charges or the harshest penalties possible. Police officers generally have no authority to control the charges brought or the penalties imposed by the courts. They also have legal permission to lie in their effort to solve a criminal investigation.
Generally speaking, the smartest thing that those taken into state custody can do is to assert their right to remain silent and their right to speak with a lawyer. Reaching out to a criminal defense attorney as soon as possible after an arrest can help an individual avoid mistakes that could increase their risk of a conviction.