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6 Mistakes That Could Make A Delaware Criminal Case Worse


When you are placed under arrest in a Delaware criminal case, your brain will probably be focused on two critical points: How you can help your situation and how to NOT make things worse. You may not realize the significant impact your actions before, during, and after the encounter may have on your case, so keeping your wits about you is critical. Errors can harm your interests and impair your Wilmington criminal defense attorney in obtaining a favorable outcome.

Fortunately, you do not need a legal background to avoid making some of the most damaging mistakes. The following information will help you get through the initial arrest phase and leverage defense opportunities.

Mistake #1: Resisting Arrest. When you are being charged with a crime, the worst thing to do is struggle, act in a belligerent manner, disregard orders, or show aggression. Putting up a fight will not change officers’ minds about arresting you. You could even face additional charges, since assault of a law enforcement officer is a Class A Misdemeanor in Delaware punishable by up to one year in jail and a $2,300 fine. 

Mistake #2: Talking to Police. You have the right to remain silent, even if you do not hear the familiar Miranda warnings that officers read when arresting a suspect. Do not answer questions, volunteer information, or try to profess your innocence. You might inadvertently admit guilt or otherwise incriminate yourself, and your statements are likely admissible in court. 

Mistake #3: Posting to Social Media. Even if you think your privacy settings on your social media profile are ironclad, detectives and prosecutors may have access to them. Your posts, pictures, comments, videos, and other content can still be publicly available through sharing and tagging.

Mistake #4: Criminal Activity Prior to Trial. If you are released on bail pending trial, one of the conditions will be avoiding arrest or other criminal activity in the interim. An arrest could lead to forfeiture of your bond, and the judge may require you to remain in custody until the trial date. 

Mistake #5: Failure to Appear in Court. Skipping court hearings is also a violation of the conditions of your release, putting your bond at risk and making it likely that you will be in jail pending trial. However, failing to show may also lead the prosecutor to be less inclined to offer a plea agreement, and the judge might refuse the recommendation. 

Mistake #6: Not Retaining a New Castle County Criminal Defense Attorney 

One of the most crucial errors you could make is attempting to represent yourself in a Delaware criminal case. Regardless of whether you are facing misdemeanor or felony charges, it is essential to have skilled legal counsel on your side. You can trust our team to defend your rights, so please call 302.600.1262 or go online to reach Attorney Michael W. Modica. We can schedule a consultation at our Wilmington, DE office to review your situation and begin developing a solid defense strategy.



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