Although the prosecution carries the burden of proof in a criminal case, and they have to clear a high hurdle to obtain a conviction, you’d be surprised by how many convictions are obtained because of mistakes made by those who have been accused. Some of these individuals consent to searches that lead to the recovery of incriminating evidence, while others make incriminating statements to the police or others. While one slip-up may be enough for the prosecution to gather enough evidence to convict you, you shouldn’t just throw in the towel because you’ve made a mistake. Instead, you have to find ways to mitigate the risk and protect your interests.
But figuring out the path forward after a mistake can be tough. That’s why in this post we want to look at some steps you can take to protect yourself as much as possible after making an error in your criminal case.
What should you do after making a mistake in your criminal case?
It may not seem like it in the moment, but there are steps you can take to mitigate the damage caused by a slip-up. Here are some that you should consider implementing immediately if you’ve made an error in your case:
- Stop talking: If you know you’ve made a mistake, then you probably have an urge to try to explain it away. Don’t do that. Talking about the problem is probably just going to dig you into a deeper hole that’s harder to get out of. If you feel like you absolutely have to talk about the matter, than do so with your attorney since those conversations are protected. Otherwise, those you speak to can be subpoenaed to testify against you.
- Focus on the rules of evidence: Just because you’ve done something that’s harmful to your defense doesn’t mean that you’re destined for conviction. By using the rules of evidence, you may be able to block certain evidence from being admitted at trial, which could save your defense. This is especially true if the police violated your constitutional rights. This is something that you can speak to your criminal defense attorney about.
- Consider alibi evidence: You may be able to successfully combat incriminating evidence by showing that you have an alibi. So, if you have timesheets from your employer or witness testimony that speaks to your whereabouts at the time of the offense in question, then you may be able to write off any harm caused by other incriminating mistakes that you’ve made.
- Consider your options: In an ideal world, you’d have enough ammunition in your criminal defense to beat the prosecution and secure an acquittal, which would put the matter behind you forever. But if the evidence is simply insurmountable, or there’s too much at risk by taking your case to trial, then it may be a good idea to consider your other options, such as seeking a plea deal. This could be a good option for securing the best outcome possible if you’ve made a mistake that’s destined to lead to conviction if you take your case to trial.
Know how to get a handle on your criminal defense
There are several different ways to approach your criminal defense. Picking the right one can be tough. But by discussing the matter with your criminal defense attorney, you might find that you can mitigate the risk posed by the evidence and protect your future. That’s why now is the best time to analyze the facts and evidence of your case to find the best path forward.