Getting arrested is one of the most stressful and confusing experiences a person can go through. Whether it’s your first time or you’ve been through the system before, the hours and days after an arrest can have a major impact on the outcome of your case.
As a Jersey City criminal defense attorney, I’ve seen people make small missteps after being arrested that later became big legal problems. That’s why this blog focuses on the common mistakes you should avoid after being arrested—especially if you want to protect your rights, your record, and your future.
1. Talking to the Police Without a Lawyer
This is hands-down the biggest mistake people make after getting arrested. It’s natural to want to explain yourself, especially if you believe you’ve done nothing wrong. But remember: anything you say can and will be used against you.
Police officers are trained to ask questions in ways that may seem casual but are actually designed to get you to say something incriminating—even unintentionally.
✅ What to do instead:
Politely say, “I’m invoking my right to remain silent and I want a lawyer.” Then stop talking. Don’t explain. Don’t argue. Just wait for your attorney.
2. Posting on Social Media
After an arrest, many people feel the urge to post about it online—maybe to explain their side, vent their frustration, or even joke about it. Big mistake.
Prosecutors and investigators routinely check social media accounts for posts, photos, comments, or check-ins that can be used to build a case.
Even something as simple as a joke, a shared meme, or a “likes” history could be twisted and used against you in court.
✅ What to do instead:
Stay off social media entirely until your case is resolved. Better safe than sorry.
3. Talking About Your Case With Friends or Family
You might assume that conversations with friends and family are private—but in the legal world, that’s not always the case. If your case goes to trial, anyone you talk to could be subpoenaed to testify about what you said.
Worse, if you’re being held in jail and talk on the phone, your calls are almost always recorded—and those recordings are admissible in court.
✅ What to do instead:
Only discuss your case with your attorney. That’s the only conversation that’s truly protected by law.
4. Skipping Your Court Date
Missing a court date—even accidentally—can seriously damage your case. In most situations, it results in a bench warrant, which means the judge authorizes police to arrest you again.
It can also:
- Jeopardize your bail or pretrial release
- Make you look unreliable or untrustworthy to the court
- Lead to additional charges, fines, or jail time
✅ What to do instead:
Write down your court date as soon as you receive it. Set reminders, plan transportation, and talk to your lawyer if you think you might have a conflict. In some cases, your attorney may be able to appear on your behalf.
5. Failing to Hire a Lawyer (or Waiting Too Long)
Some people assume they can handle a charge on their own—especially if it seems minor. Others wait too long to hire a lawyer, thinking they’ll get one later “if it gets serious.” But the truth is, early action can make a huge difference.
A criminal defense attorney can:
- Review the charges immediately
- Help you avoid self-incrimination
- Begin negotiating with the prosecutor early
- Spot opportunities to get the case dismissed or downgraded
✅ What to do instead:
Hire a criminal defense lawyer as soon as possible. The earlier you have legal representation, the more options you’ll have.
6. Violating the Terms of Your Release
If you’re released on bail or your own recognizance, you may be subject to certain conditions—like checking in with court services, avoiding contact with alleged victims, or staying away from drugs and alcohol.
Violating any of those terms can result in:
- Immediate re-arrest
- Revocation of bail
- Additional charges
✅ What to do instead:
Read your release conditions carefully and follow them closely. If something is unclear, ask your attorney for clarification.
7. Assuming You Have No Defense
Many people think, “I’m guilty, so there’s nothing I can do.” That’s simply not true. There may be legal errors, weak evidence, procedural issues, or negotiation opportunities that can significantly reduce or even eliminate the penalties you’re facing.
✅ What to do instead:
Talk to a criminal defense lawyer before making any assumptions about your case.
Final Thoughts
Being arrested in Jersey City—or anywhere—is a serious matter, but you still have rights and options. Avoiding these common mistakes gives you the best chance at protecting your future.
From staying silent to getting a qualified defense attorney on your side early, every decision matters. The criminal justice system is complicated, but you don’t have to navigate it alone. We recommend criminal defense attorney jersey city.
