New Jersey Criminal Lawyers Blog
When you are accused of a crime, guilty or not, how you react initially matters. Resisting law enforcement, claiming your innocence, attempting to direct suspicion elsewhere can all work against you in the end. Although it is a stressful situation, remain as calm as possible and adhere to the following:
- Do consult a criminal defense lawyer as soon as possible. Your lawyer can explain your rights to you, advise you on how to cooperate with the police, help collect evidence and identify witnesses related to your case, and build a defense on your behalf.
- Do not resist arrest. Regardless of your guilt or innocence, resisting arrest is a crime and can only make matters worse. What’s more, the act of resistance can result in injuries to yourself or the arresting officers.
- Do not lie about your identity. Lying to police is also a crime. When asked for your name or other identifying information, be truthful. Other than that, exercise your right to remain silent and don’t answer any further questions or discuss any details relating to your charges without the presence of your lawyer.
It is important that you don’t discuss any details relating to the case with anyone except for your lawyer. That includes friends and family members, who can be called to testify against you if you are charged with a crime and the case goes to trial. Conversations with your lawyer, on the other hand, are protected by attorney/client privilege.
It should be noted that there is a difference between being accused of a crime and being charged with that crime. Being accused of a crime means the prosecutor has sufficient evidence to believe you committed the crime and law enforcement can bring you in for questioning in the hopes of gathering additional evidence to strengthen the prosecution’s case. Being charged with a crime means the prosecutor believes there is probable cause that you have committed a crime.
There are several reasons why a person may be accused of a crime but not charged. Among them are that the prosecutor:
- believes the evidence at hand is insufficient and they hope to gather more
- doesn’t want to expose an ongoing investigation
- believes more serious charges are forthcoming
Whatever the reason, it is important to understand that the prosecutor can file charges later as long as they do so within the statute of limitations relating to the crime in question.
If you are charged, it is important to attend all your court dates as scheduled. There could be several hearings relating to your case, including arraignment, status conferences, motion hearings, trial and a sentencing hearing. Failing to appear for any of these can result in a warrant being issued for your arrest.
Most importantly, communicate openly with your defense counsel. These communications are protected by an attorney/client confidentiality. The more information you can give your attorney, the better equipped he or she is to build your defense strategy.