The Top Mistakes People Make After Being Charged with a Crime in Washington

Being charged with a crime—whether it’s a misdemeanor or felony—can be overwhelming, frightening, and confusing. In the chaos that follows an arrest or criminal citation, it’s easy to make decisions that unintentionally hurt your case. At the Law Office of Erin Bradley McAleer, we’ve seen firsthand how avoidable mistakes can make a tough situation even worse. If you’ve been charged with a crime in Washington State, especially in Clark County, here are the most common missteps people make—and how to protect yourself moving forward.
Talking to the Police Without a Lawyer
One of the biggest and most damaging mistakes is talking to law enforcement after an arrest without an attorney present. Many people think, “If I just explain what happened, they’ll let me go.” But the police aren’t there to clear your name—they’re gathering evidence. Even a seemingly innocent comment can be twisted or taken out of context later in court. If you’re being questioned, the smartest thing you can say is, “I want to speak to my lawyer.” Once you assert that right, officers are legally required to stop questioning you. Use it.
Missing Court Dates
Failing to appear in court—even once—can seriously harm your case. A missed court date may result in a bench warrant for your arrest, additional charges, or the loss of any pretrial release you were granted. Judges don’t look favorably on no-shows, and it signals to the court that you’re not taking the process seriously. If an emergency or misunderstanding causes you to miss a hearing, contact your attorney immediately. They may be able to file a motion to quash the warrant and explain the situation before things escalate.
Posting on Social Media About Your Case
Social media has become a major source of evidence in criminal prosecutions. Posts, photos, videos, comments—even private messages—can all be subpoenaed and used against you. Bragging about an incident, discussing details of your charges, or even venting about your arrest can have serious consequences. Even if your profile is private, nothing online is truly hidden.
Until your case is fully resolved, it’s best to stay offline or limit your posts to non-personal topics. And never, under any circumstances, try to delete past posts after charges have been filed—it could be seen as destroying evidence.
Not Hiring a Criminal Defense Attorney
Another critical mistake is waiting too long to hire a defense lawyer—or deciding to handle the case on your own. The criminal justice system is complex, and prosecutors often move quickly. An experienced defense attorney can identify weaknesses in the state’s case, negotiate reduced charges or dismissal, and protect your rights every step of the way. Public defenders can be excellent advocates, but they’re often overloaded with cases and may not be able to give yours the attention it needs. Hiring a private attorney early can lead to a stronger, more proactive defense.
Talking to Friends and Family About the Details
It’s natural to want to talk about your case with people you trust—but doing so can backfire. Anything you say to someone other than your lawyer can potentially be used against you. In some cases, friends, ex-partners, or even family members have been subpoenaed to testify about conversations they had with the accused. The only truly safe space for discussing your case is with your attorney. They are bound by confidentiality and trained to give you advice that won’t accidentally harm your defense.
Ignoring the Long-Term Consequences
Some people rush to resolve their case just to “get it over with,” accepting plea deals without fully understanding the impact. But even a misdemeanor conviction can affect employment, housing, custody arrangements, firearm rights, and immigration status. Before accepting any deal from the prosecutor, it’s critical to understand the long-term consequences. A skilled attorney will walk you through the options and may be able to negotiate alternatives like diversion, deferred sentencing, or treatment-based programs that avoid a conviction altogether.
Don’t Make a Bad Situation Worse—Get the Right Help Early
Being charged with a crime doesn’t make you guilty—and it doesn’t mean your life is over. But the steps you take in the days and weeks that follow can either protect your future or put it further at risk. At the Law Office of Erin Bradley McAleer, we’re here to help you avoid these costly mistakes, build a strong defense, and move forward with confidence. If you’re facing criminal charges in Clark County or anywhere in Southwest Washington, contact us today for a free consultation.