Getting arrested is a high-stress, high-stakes moment. Whether it’s your first run-in with the law or not, how you respond can make or break your case. At Sneirson Law Firm, we’ve defended countless clients in criminal cases—and we see the same costly mistakes over and over again. This article breaks down the top five you need to avoid and what to do instead
This isn’t just about “don’t talk to police” or “know your rights.” We’re going deeper. If you or someone you care about is facing criminal charges, these insights can mean the difference between dismissed charges and a conviction.
1. Talking to Police Without Legal Representation
Why it’s a mistake:
It’s not just what you say—it’s how it can be used against you. People think they’re helping themselves by explaining, clarifying, or defending their actions. But law enforcement officers are trained to extract information. Even neutral or innocent statements can be twisted or taken out of context.
Cops can legally lie to you during an interrogation. That’s not a scare tactic—it’s law. Police can claim they have evidence they don’t, say someone saw you when no one did, or falsely state that your co-defendant confessed. These lies are designed to get you talking. And once you start talking, they’ll keep you going until you give them what they need to build a case.
Officers also use “pretext interviews”—conversations that feel casual but are carefully staged to get you to say something incriminating. Even comments that seem harmless can later be used in court.
What to do instead:
Say this and nothing more: “I am invoking my right to remain silent and I want to speak with an attorney.” Then stop talking. Don’t fill the silence. Don’t try to explain. Just wait for your lawyer.
2. Consenting to Searches You Don’t Have To
Why it’s a mistake:
Police often ask for permission to search your home, car, or phone—even when they don’t have a warrant. Many people say yes without realizing they’re handing over evidence voluntarily. You have the right to say no, and doing so can change the entire course of a case.
One major issue is phone searches. Saying “yes” to a digital search might expose years’ worth of photos, messages, contacts, and app data. Even deleted content can sometimes be recovered with forensic tools. Something you thought was long gone—or completely unrelated—can suddenly be in front of a judge or jury.
What to do instead:
Always ask if the officer has a warrant. If not, say clearly: “I do not consent to any searches.” Never try to argue about what they’ll or won’t find. Just assert your rights and let your attorney take it from there.
3. Posting on Social Media After the Arrest
Why it’s a mistake:
Prosecutors now routinely check social media for posts, photos, and comments that can be used in court. Even if you’re not posting about your arrest, your content can still raise red flags.
Metadata embedded in your posts—such as timestamps or geolocation—can place you at a scene, contradict an alibi, or link you to others involved. Even a meme, a joke, or an unrelated image can be misunderstood or weaponized by the prosecution.
What to do instead:
Go dark. Don’t post, share, or comment on anything. Don’t delete old posts either—doing so could be viewed as destroying evidence. Just stop all activity and lock down your privacy settings. Let your attorney know what’s out there so they can prepare a defense strategy accordingly.
4. Choosing the Wrong Lawyer—or No Lawyer at All
Why it’s a mistake:
Not all defense lawyers are built the same. Some push for quick plea deals without really fighting the charges. Others lack courtroom experience or fail to personalize their approach.
While public defenders often do heroic work, they’re overwhelmed. In some jurisdictions, they’re handling over 100 active cases at once. That means limited time, limited resources, and sometimes limited defense.
What to do instead:
Hire a criminal defense attorney who knows the local courts, has experience with your type of case, and is ready to take it to trial if needed. Ask about their track record. At Sneirson Law Firm, we focus on aggressive defense and close client communication—because no one should feel like just another file on a desk.
5. Downplaying the Severity of the Charges
Why it’s a mistake:
Many people think, “It’s just a misdemeanor. It’ll go away.” But that’s rarely true. Even minor convictions can result in jail time, steep fines, and a permanent criminal record that impacts housing, jobs, education, and more.
What’s more, accepting a plea deal for a “lesser charge” can still trigger harsh consequences. Some charges—even if reduced—can lead to mandatory minimum sentences, affect immigration status, or cause you to lose a professional license.
What to do instead:
Take every charge seriously. Ask your lawyer not just what could happen now, but how it could impact your future. Criminal records follow you, and even a small mistake today can snowball into bigger problems down the road.
Bonus Tip: Document Everything
Start building your defense from day one. Who arrested you? What did they say? Were your rights read? Did they search your belongings? Write it all down or record it (where legal), and share it with your attorney—not your friends, and definitely not the internet.
Final Thoughts: Your Defense Starts Immediately
From the moment you’re in custody, the system is moving—and not in your favor. Your best defense is knowing your rights, avoiding common traps, and getting qualified legal help fast.
At Sneirson Law Firm, we’re ready to step in immediately and protect your future. If you or someone you care about has been arrested, don’t wait. Contact us now for a confidential consultation.
Remember: Staying silent, asking for a lawyer, refusing searches, and avoiding these five mistakes isn’t just smart—it’s your legal right.