Posted on Saturday, January 31st, 2026 at 12:10 am
When you face criminal charges, every decision matters. Common mistakes that can hurt your criminal defense often happen early in the process—sometimes before you even realize the damage. Understanding what to avoid gives you a better chance at a favorable outcome. Moermond & Mulligan, LLC helps Cincinnati residents navigate these critical decisions and protect your rights from day one.
Don’t Talk to Police Without Your Attorney Present
One of the biggest mistakes people make is speaking to police without legal representation. You have a constitutional right to remain silent, and exercising that right is not an admission of guilt. When police ask questions, anything you say can and will be used against you in court.
Many people believe that cooperating with police will help their case. In reality, even innocent people can accidentally say something that sounds suspicious or gets misinterpreted. Police are trained in interrogation techniques designed to get you to talk. They may tell you that cooperation will help you, but their job is to build a case against you—not to protect your interests. Understanding your legal rights during police interrogation is essential to protecting yourself.
The safest response when police approach you is simple: “I want to speak to my attorney.” Once you say this, police must stop questioning you. Don’t answer any questions, even seemingly innocent ones, until your attorney is present. This protects your rights and prevents statements that could be used against you later. Learn more about three things you should know about police questioning to better understand your rights during interrogation. If you’re unsure about your obligations, consult with a criminal defense attorney immediately.
Avoid Posting About Your Case on Social Media
Social media posts can become powerful evidence in criminal cases. Prosecutors regularly search defendants’ social media accounts for posts, photos, comments, and location tags that might support their case. What seems like a private conversation or a casual post can be screenshot, saved, and presented to a judge or jury.
Posts about your case, your feelings about charges, or your whereabouts can all hurt your defense. Even seemingly innocent photos—showing you at a party, traveling, or doing activities you claimed you couldn’t do—can contradict your defense strategy. Location tags reveal where you were at specific times. Comments made in anger or frustration can be taken out of context. This is why understanding how social media posts can harm your DUI case is critical for anyone facing charges.
Your friends and family members should also avoid posting about your case. Their posts can be just as damaging as your own. Before your case concludes, ask people close to you not to post anything related to your situation on social media. The permanence of digital content means these posts can resurface years later. For comprehensive guidance on protecting your case, review our impact of social media on criminal cases.
Don’t Ignore Court Dates or Deadlines
Missing a court appearance or deadline can seriously damage your defense and create additional legal problems. When you fail to appear in court, judges may issue a bench warrant for your arrest. Additionally, under Ohio law, the court can order the immediate forfeiture of your driver’s license, meaning you cannot legally drive to work or school until the matter is resolved. This gives prosecutors leverage and shows the court that you’re not taking your case seriously.
Deadlines in criminal cases are strict. Missing a deadline to file motions, respond to discovery, or submit documents can mean losing important opportunities to challenge evidence or protect your rights. These deadlines affect your defense strategy and can limit your attorney’s ability to help you. A criminal defense lawyer will ensure all critical deadlines are met.
Stay organized and keep track of every court date and deadline. Mark them on your calendar, set reminders, and communicate with your attorney about any scheduling conflicts well in advance. If you can’t make a date, talk to your attorney immediately so they can request a continuance or reschedule if possible. For more information on what happens when you miss court obligations, see our guide on failure to appear warrants.
Stop Discussing Your Case With Friends and Family
Loose talk about your case can hurt your defense. Conversations with friends and family members are not protected by attorney-client privilege. This means prosecutors can subpoena your friends and family to testify about what you told them. They can be forced to repeat your statements in court, even if you asked them to keep it confidential.
People you trust may also unintentionally share information about your case with others. A comment made to one friend can spread through your social circle. Someone might mention details to a coworker, who tells someone else. Before you know it, information about your case is circulating in ways you can’t control. This is why attorney-client privilege is so important.
The only person you can safely discuss your case with is your attorney. Attorney-client privilege protects those conversations, meaning your attorney cannot be forced to reveal what you tell them. Keep details about your charges, your defense strategy, and your version of events between you and your lawyer. This is one of the most important legal rights during police interrogation and criminal proceedings.
Don’t Hide Information From Your Attorney
Honesty with your attorney is critical to building an effective defense. Your attorney needs to know everything about your case—the good, the bad, and the ugly. If you hide information, your attorney might be blindsided by evidence prosecutors present in court. This weakens your defense and limits your attorney’s ability to prepare. When you work with experienced criminal defense attorneys, they’ve seen it all.
Attorney-client privilege protects conversations between you and your lawyer. This means your attorney cannot share what you tell them with anyone else, including prosecutors. You can be completely honest without fear that your words will be used against you. Your attorney has heard it all and won’t judge you. Their job is to defend you, not to judge your actions.
When your attorney knows all the facts, they can develop a stronger defense strategy. They can anticipate what prosecutors will present and prepare responses. They can identify weaknesses in the prosecution’s case and strengths in your defense. Incomplete information leads to incomplete preparation and weaker outcomes. If you’ve been arrested, understanding what to do if you have been arrested is essential. Our team of experienced attorneys can guide you through every step.
Avoid Representing Yourself in Criminal Court
Self-representation in criminal court is risky. Criminal procedure and evidence rules are complex. Judges and prosecutors expect defendants to follow these rules, and mistakes can cost you. If you don’t know the rules, you might miss opportunities to challenge evidence, file important motions, or protect your constitutional rights.
Judges and prosecutors often view self-represented defendants differently from those with attorneys. Some judges are more lenient with procedural mistakes made by self-represented defendants, but others are not. Prosecutors know how to take advantage of defendants who don’t understand the law. They may offer unfavorable plea deals, knowing you don’t understand your options. This is why having a criminal defense lawyer is essential.
The cost of mistakes in criminal court is high. A procedural error might mean losing the chance to challenge illegal evidence. Missing a deadline might mean losing the opportunity to file a critical motion. A misunderstanding of the law might lead you to accept a plea deal with serious long-term consequences. Professional representation protects your rights and gives you the best chance at a favorable outcome. Explore our criminal defense practice area to understand how experienced attorneys can help. Our Board Certified Criminal Law Specialist brings decades of trial experience.
Why Choose Moermond & Mulligan, LLC
Moermond & Mulligan, LLC has defended Cincinnati residents facing criminal charges for over 30 years. Our attorneys understand Ohio criminal law and local court procedures. We know the judges, prosecutors, and court systems in the Cincinnati area. This local knowledge helps us navigate your case effectively and anticipate how prosecutors will approach your defense.
Our founding attorney, L. Patrick Mulligan, is Board Certified as a Criminal Law Specialist by the National Board of Trial Advocacy—one of only 9-24 attorneys in Ohio holding this credential. This certification requires substantial trial experience, passing a rigorous examination, and maintaining continuing legal education. Co-founder Brad Moermond brings prosecutorial experience from the Montgomery County Prosecutor’s Office, where he prosecuted hundreds of felony cases. This insider perspective helps us understand prosecution strategies and develop effective defenses.
We’re committed to protecting your rights from your first conversation with us. We listen to your story, answer your questions, and explain your options clearly. We work aggressively to challenge evidence, protect your constitutional rights, and pursue the best possible outcome for your case. When you choose Moermond & Mulligan, LLC, you get experienced attorneys who understand the stakes and know how to fight for you. Learn more about why you should hire us and our track record of success. Review our case results to see how we’ve helped Cincinnati residents.
Frequently Asked Questions
What should I do if police ask to search my home?
Politely decline the search. You have the right to refuse consent to search your home without a warrant. Say clearly: “I do not consent to a search of my home.” Police can still search with a warrant, but refusing consent protects your rights. If police have a warrant, you must allow the search, but you can still refuse to answer questions. Contact your attorney immediately after any police interaction. Understanding your rights during police interrogation helps you protect yourself.
Can I change my attorney if I’m unhappy with my current representation?
Yes, you have the right to effective assistance of counsel. If you’re unhappy with your attorney, you can request a change. The timing matters—changing attorneys close to trial might not be possible. Talk to your current attorney about your concerns first. If you still want to change, contact the court or your public defender’s office to request a substitution. Having a new attorney means they’ll need time to review your case, so make this decision as early as possible. Our experienced criminal defense team is ready to take on your case.
How long does a criminal case typically take in Ohio?
The timeline depends on several factors: whether your charges are misdemeanor or felony, whether you’re in state or federal court, how complex the evidence is, and whether you go to trial or accept a plea deal. Misdemeanor cases might resolve in weeks or months. Felony cases often take months or years. Sometimes delays help your defense by giving your attorney more time to investigate and prepare. Your attorney can give you a better timeline based on your specific charges and circumstances. Our criminal defense attorneys can provide a realistic assessment.
Should I accept a plea deal?
Don’t accept a plea deal without carefully evaluating it. Understand what you’re pleading guilty to, what the sentence will be, and what rights you’re giving up. Ask your attorney: What’s the prosecution’s case strength? What are the risks of going to trial? What are the long-term consequences of this plea? A plea deal might be the best option, or going to trial might give you a better chance. Your attorney can help you weigh these options, but the decision is yours. Consult with our criminal defense lawyers before making this critical decision.
What happens if I miss a court date?
Missing a court date has serious consequences. Judges may issue a bench warrant for your arrest. You could be arrested at any time—at work, at home, or during a traffic stop. A bench warrant also shows the court that you’re not taking your case seriously, which can negatively affect how the judge views you. If you can’t make a court date, contact your attorney immediately. They can request a continuance or reschedule if possible. Never simply skip a court date. Learn more about failure to appear consequences.
Take Action to Protect Your Criminal Defense
The mistakes discussed here—talking to police without an attorney, posting on social media, ignoring deadlines, discussing your case with others, hiding information from your attorney, and representing yourself—can seriously damage your defense. Avoiding these mistakes gives you a better chance at a favorable outcome.
The most important step you can take is getting experienced legal representation immediately. Don’t wait to contact an attorney. The sooner you have representation, the sooner your attorney can protect your rights, investigate your case, and develop a defense strategy. Our Cincinnati criminal defense firm has over 30 years of experience defending residents.
Moermond & Mulligan, LLC is ready to help. Call (513) 421-9790 today to schedule a consultation. Our attorneys will listen to your situation, answer your questions, and explain your options. We’ll work aggressively to protect your rights and pursue the best possible outcome for your case. When you’re facing criminal charges, you need an attorney who understands the law, knows the local courts, and will fight for you. Contact Moermond & Mulligan, LLC today.
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Written By: Moermond & Mulligan, LLC
Last Updated: 01-31-2026