R. Todd Bennett, P.C. Board Certified, Criminal Law. Texas Board of Legal Specialization.
Bar Register Preeminent Lawyers
Board Ceritified by Texas Board of Legal Specialization in Criminal Law
The Best Lawyers In America
AV Preeminent Rating by Martindale-Hubbell For Ethical Standards and Legal Ability
Rated by Super Lawyers R. Todd Bennett, selected in 2005. Thomson Reuters.
Banner Attr

Don’t make these mistakes when under criminal investigation

On Behalf of | Oct 17, 2023 | Criminal Defense |

A lot of people who have been accused of a crime think that they don’t need to build their criminal defense until after they’ve been charged and are heading to court. But the sooner you can start thinking about your criminal defense the better.

In fact, a lot of defendants make mistakes during the investigatory process that leave them in a tough position after they’ve been charged. With that in mind, let’s look at some of the most common mistakes that you’ll want to avoid making if you think that the police are investigating you.

Avoid these mistakes in your criminal case

There are a lot of missteps that can be made when you’re under criminal investigation. This includes the following, each of which you’ll want to be cognizant of so that you can avoid them:

  • Sharing incriminating information with the police: This can happen either intentionally or unintentionally as you try to alleviate suspicions. Remember, the police aren’t on your side. They have a job to do, and that’s punishing someone for the crime that’s been committed. So, be hesitant to talk to the police, holding off on doing so until your attorney can be by your side. And even then, you should be direct and factual with the police so that your words aren’t taken out of context and used against you. Remember, too, that you always have the right to remain silent.
  • Talking about the criminal offense in question with family members and friends: It’s tempting to talk to loved ones to alleviate the stress that you’re experiencing from the investigation. But you should hold off on talking to these individuals about the alleged crime and the investigation because it isn’t safe to share information with them. If you do talk to them, then they could be subpoenaed by the prosecution to testify against you.
  • Posting on social media in a way that makes you look guilty: Social media can be a great outlet and way to find support. But when you’re under criminal investigation, social media can be dangerous. Your posts can give the prosecution information they can take out of context to make you look bad, attack your credibility, and otherwise link you to the crime. Therefore, it’s best to stay away from social media until your case resolves.
  • Being dishonest with your criminal defense attorney: Your criminal defense attorney is the only formal advocate who is going to be on your side. You need to trust them to fight for your interests. But if you keep information from them or lie to them, then you put them at risk of being taken by surprise at trial, thus hampering their ability to protect you. This can lead to unwanted consequences that could’ve been avoided.
  • Accepting a plea deal without adequately considering your defense options: Listening to the potential penalties being threatened by police officers and prosecutors can be intimidating. When they come hard at you, it might be tempting to quickly take a plea deal to avoid those harsh penalties and get the matter over with. But you shouldn’t accept a plea deal without first considering your defense options. After all, you might be able to secure lesser charges that carry less significant penalties, or you might be able to beat the prosecution altogether.

Don’t get in the way of your own criminal defense

With so much on the line in your criminal case, you don’t want to be your own worst enemy. So, be sure to avoid the mistakes that could put you behind the eight ball and seek out the resources you need to build the aggressive criminal defense that may be necessary to protect your interests and your future.


FindLaw Network