When you are placed under arrest, you are likely not thinking straight. Chances are, you are scared, confused and overwhelmed. You might be thinking about spending time in jail or prison, worrying about your job, home or pets and not focusing on the present moment.
This can cause you to make mistakes that can harm your chances of a favorable outcome to the criminal charge.
Trying to talk your way out of the arrest
One of the most common mistakes people make after an arrest is simply talking. Remember that you have a right to remain silent. This right should be read to you when you are given Miranda warnings.
It is hard to remain silent after an arrest. You may be panicking and still trying to find a way out of the situation. The only way you may believe you can do that is to talk your way out of it.
Unfortunately, this never works. Remember that an arrest is not a conviction. The prosecution must prove your case beyond a reasonable doubt. They need evidence to do this.
After an arrest, every word that comes out of your mouth is potential evidence you are giving to the prosecution. You are essentially doing their job for them.
Additionally, if you do have a valid defense to the charge, this is not the right time to use it. The police arresting you generally have no control over what ultimately happens with the charge. Wait until you speak with an attorney to discuss potential defenses.
This same rule applies during the interrogation after an arrest. You still have a right to remain silent. Tell the police you are exercising this right and ask for an attorney.
Trying to represent yourself
Another common mistake people make is trying to represent themselves. While you always have the right to represent yourself in court, it is usually not a good idea.
Defending yourself requires knowledge of Montana criminal law and rules or evidence. Getting the best possible outcome typically requires assistance from someone with this knowledge.
You will likely not be prohibited from posting on social media after an arrest, but you should never post anything about the arrest or pending criminal charges. It is best to stay off social media entirely because even innocent sounding posts or photos can be misinterpreted and be used against you.
This applies to private messages, as well. Depending on the situation, a court could order you to turn over your social media posts and messages for examination. If you find it difficult to stay off social media, use it wisely. A good rule is to not post anything that you would not want the judge to read.
Disrespecting the court
Being polite and showing respect to the court has more power to influence the outcome of your case than you may believe.
Respect comes in subtle and overt forms. Showing up to court in professional clothing and freshly groomed versus showing up looking sloppy and disheveled can make a difference.
Acting rudely or getting an attitude with the judge or court staff is a huge mistake and great way to tank your case. Always be on your best behavior when in a courtroom setting.
Finally, pay attention to upcoming court dates and the next steps in your case. Missing a court date could cause a warrant to be issued and cause you to be re-arrested.