What Mistakes Do People Make Unintentionally?
A lot of people are not aware that they have certain rights, especially if they had never been arrested before. People tend to just want to cooperate and be as respectful and responsive as they can be. A common mistake would be to start talking and divulge or disclose information that they would not necessarily have to, especially if they had not been read their Miranda rights or the officers had not done certain protocols that they would have to comply with or adhere to.
In an instance involving a drug case, if the person divulged or disclosed some information and the officers were not satisfied so they tried to make a deal with the person to get more information, then that would not be something the person would have to do, particularly if they had retained counsel. This is probably one of the big mistakes because sometimes when people talk too much, they put themselves in a bigger hole and it would not be helpful to their case. In other cases, the person thinks that cooperating is in their best interest so they give the police information that is harmful to them, that the police would not otherwise have. So when they say that anything you say can be used against you, its true. Usually your best bet is to just remain silent and state unambiguously that you want a lawyer.
Sometimes the person would be able to negotiate or work out a plea and proffer certain evidence, which might put the person in a better position later on for their disposition.
What Are Some Misconceptions People Have About Being Arrested For A Crime?
One of the misconceptions that people have, especially when they first receive the consultation is that they are not upfront, meaning they are not upfront about where they stand and whether or not they committed the act. A lot of people have the misconception that they do not need to delve into a lot of the details, although this would actually be helpful for the attorney, especially when the attorney was retained and it would be more beneficial for the client in terms of the options that could be pursued.
Should The Person Just Throw Themselves At The Mercy Of The Court Or Fight The Charges?
The person should never put themselves at the mercy of the court because according to New York State law, they are innocent until proven guilty. Even when people are guilty, our New York criminal defense lawyers have extensive experience in negotiating plea deals where we can get the charges reduced or a lesser sentence. Where the client is candid with us about exactly what happened, then there are no surprises and we can effectively bring about a good resolution. The decision to fight the charges depends on how strong of a defense a person has and how strong the evidence against them is. Although, usually when it is a weak case, the prosecutor is usually looking to cut a deal. We have represented numerous professionals with professional licenses for whom a conviction would have catastrophic collateral effects and in these cases, the case always has to be fought. Of course, everyone who is innocent should fight the charge. But sometimes it does make sense to limit the damage that can be done through a plea negotiation. I do not necessarily like the phrase of selling oneself to the court, but perhaps there might be a way to negotiate with the government or the prosecutor to get community service since the person owned up to the mistake they made. There would always be a potential story behind their actions and there would always be a way to negotiate something depending on the actual offense the person had been charged with.
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