Top 5 Mistakes to Avoid When Facing a Criminal Charge in Florida

The moments after an arrest create more liability than the arrest itself. While explaining your side feels natural, it usually hands prosecutors the evidence they need for a conviction.

At Shrader Mendez, we know that well-intentioned errors in the first few days often turn defensible cases into likely prison sentences. Avoiding these common mistakes is crucial for protecting your future.

1. Talking to the Police

Most people believe they can talk their way out of a charge, but this is a damaging error. Police officers use “non-custodial” interviews to encourage you to tell your story, and they’re legally allowed to use tricks and lies to secure a confession. While implied consent laws require compliance during DUI stops, you can otherwise politely decline to answer questions.

2. Discussing Your Case on Jail Phones

Florida courts have ruled that inmates have no expectation of privacy on jail telephone lines. Prosecutors listen to these recorded calls to find inconsistencies in your story or admissions of guilt. If you discuss the incident with a family member over the phone, you’re handing evidence directly to the State.

3. Contacting the Victim

The urge to apologize to the alleged victim is natural but illegal. In Florida, contacting a victim to discuss the case can be charged as tampering with a Witness under Florida Statute 914.22. Depending on the underlying offense, this can be a second- or third-degree felony carrying five to fifteen years in prison. This charge is separate from your original offense, meaning the State can prosecute you for tampering even if the original charges are dropped. This includes asking friends or family to reach out on your behalf.

4. Posting on Social Media

Anything you post online can be used against you. Prosecutors and investigators routinely review defendants’ social media accounts for photos, check-ins, and statements that contradict their defense. Even posts that seem unrelated to your case can damage your credibility at trial.

5. Ignoring the Filing Window

Many defendants wait for their arraignment date to hire a lawyer. This wastes the most valuable window for your defense. In Florida, the State Attorney typically has 21 to 33 days after an arrest to decide whether to file charges. An experienced attorney can step in during this pre-filing period and present evidence that may result in reduced charges or a complete dismissal. You need to reach out before the State makes this decision.

How Shrader Mendez Can Help

Navigating the criminal justice system requires aggressive and experienced representation. Managing Partner Brian Shrader, a former prosecutor, understands how the State builds its case against you. We know how to use the pre-filing window to your advantage and how to protect your rights against aggressive police tactics.

If you or a loved one has been arrested, don’t wait for the court date. Call Shrader Mendez at 813-360-1529 or contact us for a confidential consultation.