The first mistake I've seen criminal defendants make is opening their big mouths.  In other words, they start talking to the police and providing information that is ultimately the best evidence the police and prosecutors can use to prosecute and convict them in a criminal case.

So, rule number one as it relates to criminal defense is to keep your mouth shut.  Don't give any statements to the police.  Let your attorney do the talking for you. 

If you've been foolish enough to give a statement to the police, I would say nine times out of ten, that statement will be used against you, even if you think it's good and helps you.

Often, I see the police twist a person's statement and use it against them, and then I have clients telling me that they didn't say certain things and that the police lied about it. However, by that time, it's too late.

Insufficient Research on Criminal Defense Attorneys

The second common mistake I see people make is not researching the criminal defense attorney they're going to hire. Any attorney with some financial resources—even if it's money from their parents, a friend, or a loan—can place an ad on the internet, but that doesn't necessarily mean the person is a good attorney. You should look into their background.

How long have they been handling criminal cases?  What kind of track record do they have?  What results do they have?  What reviews do they have?  And what connections do they have to the courthouse where your case is pending? In other words, you need to hire the right attorney. A competent attorney will have a strong track record, positive reviews, and a good understanding of the local legal system. This decision can make or break your case.

Additionally, you will want to meet with that attorney in person.  In other words, you want to be able to look them eyeball to eyeball and see the type of person that's going to be negotiating for your future, your record, your rights, your freedom, and your reputation.

Once you talk to the attorney, if you get a good feel for them, if they've got the experience, and if they sound familiar with the courthouse where your case is pending, then you put yourself in a pretty good position to be able to defend yourself properly. Remember, the right attorney can make a significant difference in the outcome of your case, so it's crucial to choose wisely.

Attempting to Handle the Case on Their Own

Another thing I see people do, or make mistakes, is that once they hire an attorney, they don't listen to them.  They believe they can handle the entire case themselves and make all the decisions.  The problem is that they're typically the ones who got themselves into trouble in the first place.

Therefore, if you hire a competent attorney, you should conduct thorough research and then let the attorney handle the work for you. Let the attorney guide you through the process, help you, and use their skill and expertise to get you the result that you must have.

Don't Follow Through with the Terms of the Plea Bargain

Finally, one of the biggest mistakes I see people making is needing to follow through with a potential resolution of their case.  In other words, if you decide to take a plea bargain, you work out a deal with the prosecutors, and you agree to do certain things.

Then, obviously, you want to ensure that you follow through and do everything correctly, as this will expedite the case and help you exit the criminal justice system as quickly as possible. Failing to follow through could result in prolonged legal proceedings and potentially harsher penalties, which can significantly impact your life and future.

Your attorney will be instrumental in negotiating the terms of the plea bargain and ensuring that they are in your best interest. They will also guide you on how to fulfill your end of the bargain, which may include completing probation or community service. It will put your attorney in a position where they may be able to get the case reduced to a lesser charge — reduced to a misdemeanor — and also to try to file a motion to get the case dismissed because in California, once you've completed your probation, you're eligible to file a Penal Code Section 1203.4 Motion which allows you, if the Judge grants it, to get your case dismissed and move on with your life.

So, if you hire an attorney, make sure that you listen to them, follow their advice, and if you end up taking a deal in a case, make sure that you follow through with that deal so your attorney is in a position to get your case dismissed, and you can move on with your life. By following your attorney's advice, you can effectively do damage control and get yourself out of the criminal system.