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Biggest Mistakes When Arrested on Delaware Criminal Charges


Even people who think they know their rights under the Delaware Constitution make mistakes when under arrest. The heat of the moment, frustration, anger, and confusion take over, clouding your judgment about what to do – and not do. While the biggest error you can make is not hiring a Delaware criminal defense attorney to fight for your rights, there are other mistakes you should avoid when you are being charged with a crime.

Mistake #1: Openly Talking to Police 

You have the right to remain silent after you are arrested, but many people do not take advantage of their Miranda rights. Do not say a word to police, unless it is to request an attorney. Even if you want to express your innocence, your statements can still be used against you in ways you may not expect. You may mention something that could lead to big trouble in a court room. Stay quiet, because you will have plenty of opportunities to explain your side of things as you move to the next stages of the criminal process.

Mistake #2: Resisting Arrest 

You have probably seen instances in the news often enough to know that fighting police will never benefit your case. There is no good reason to resist arrest, verbally, physically, or otherwise. When police officers have determined that there is enough reason to arrest you, they will do it and use force as necessary. Plus, when they do, there will be additional charges because resisting arrest is also a crime. Stop where you are and put up your hands, and you put yourself in a better position for a defense strategy.

Mistake #3: Falling for Police Interrogation Tactics 

Police are trained to everything possible to get an admission or confession during questioning. They stretch the truth or tell downright lies, such as:

  • Saying that they witnessed you commit a crime;
  • Mentioning that your conduct was captured by a surveillance camera;
  • Telling you they have your fingerprints, hair, personal effects, or DNA evidence; or,
  • Any other fibs that may get you to make a statement.

Mistake #4: Consenting to a Search 

When police ask to conduct a search of your home, business, or person, never provide consent. Officers must stop short of searching any of these areas if you do not give permission. Even if you are sure that their investigation will turn up nothing, you can never be too careful. Members of the household or guests may act without you knowing. Note that the rules regarding police searches are slightly different if the subject is your vehicle. Your expectation of privacy is lower, so officers can take a look as they see fit.

Exercise Your Right to a Delaware Criminal Defense Lawyer Right Away

Even if you do not make any of these common mistakes, it is likely that you will still need solid legal representation for the remaining stages of the criminal process. For assistance with your case, please contact Criminal Defense Attorney Michael W. Modica in Wilmington, DE. We can schedule a consultation to review your legal options.


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