Top Five Mistakes Made After Assault Charges
You or a family member has been arrested. The police are throwing around words like aggravated assault with a deadly weapon or serious bodily injury. Maybe you heard an officer say life in prison. We hear these stories all the time at Andor, Goheen, O'Toole, Wadas & Gonzalez, P.L.L.C. With 100s of trials between them, our attorneys have also seen some cases go horribly wrong. In our experience here are the top five biggest mistakes made in aggravated assault cases.
Handling the Case on Your Own.
Many people charged with aggravated assault feel they can make the charges go away on their own. Police and prosecutors can be very stubborn once they make up their mind once someone has been someone assaulted. It takes a skilled lawyer to deal with this type of legal charge.
Continuing to Talk with Law Enforcement.
We are programmed to respect authority and give our side of the story when the police ask us questions – especially after a heated argument with another person. There is no reason, though, to continue that dialogue with police after they’ve made a decision to arrest you. An arrest is their way of telling you their mind is made up. Even if you feel like you have nothing to hide and the truth is on your side...they will take your words and turn them upside down in court.
Trying to Get-the Accuser to “Drop Charges”.
Again, once the police make an arrest the accuser is little more than a witness in the case. This means they normally cannot drop charges even if they try. This is often done through what is known as an “affidavit of non-prosecution” or an “ANP”. A prosecutor or police officer’s “knee-jerk” reaction to an ANP is that the defendant coerced, forced, or threatened the “victim” into recanting the accusation. Additional criminal charges can even be brought against the defendant for how they deal with the alleged victim. Don’t make the case worse than it already is. It’s always better to have an experienced attorney involved and an ANP should always be discussed with a lawyer.
Ignoring the Case
Being arrested is a humiliating and horrible experience. An arrest for aggravated assault adds to the burden even more. But, you can’t sit by and think it will go away. If left alone, the situation will worsen significantly because the District Attorney’s office will not ignore the case. The DA has an aggressive team of prosecutors that will want to seek the highest punishment available against a person charged with assault. The longer a person waits, the more rights and opportunities are lost. Before long, the person can find themselves in a box of significant proportions.
Taking Advice from Non-Lawyers.
There are all sorts of “experts” on assault cases including jailers, bail bondsmen or other acquaintances. These people have minimal or no legal training and have no stake in your outcome yet they insist on giving you legal advice. A lawyer is professionally and ethically obligated to care for your best interest when they agree to represent you and is accountable for legal advice.
The team of dedicated attorneys at The Collin County Law Group are here to vigorously, passionately and professionally defend you or your family member in what can be the fight of their lives. With our team behind you, you can rest assured your rights will be protected. Contact us today to protect yourself.