Avoiding Common Mistakes in Criminal Defense Proceedings

Getting caught up in a criminal proceeding or a traffic violation is stressful.

Almost everyone makes mistakes during their proceeding they can’t afford that would have been easily preventable. Mistakes that end up costing thousands of dollars, points on their driver’s license or worse, jail time.

The thing is:

The law isn’t simple and one misstep can change everything for the worse. It’s doesn’t matter if it’s a basic speeding ticket or full blown felony charges, what not to do is just as important as knowing what to do.

What you’ll learn:

• Why Criminal Defense Matters
• The Biggest Mistakes People Make In Court
• How To Protect Your Rights During Traffic Stops
• When Professional Legal Help Is Necessary

Why Criminal Defense Matters

Let’s be honest…

Many people think they can simply “handle” minor criminal charges or traffic violations themselves. They see it as simple and think that paying for a lawyer is just an unnecessary and expensive formality.

They could not be more wrong.

Minor criminal cases can still have major consequences. One simple misstep can lead to higher insurance rates, loss of license, criminal records that make it hard to get certain jobs and expensive fines.

Facing criminal defense charges or traffic violation issues is exactly when experienced Colorado criminal defense attorneys can make the difference between a dismissed case and a conviction. The stakes are too high to leave it to chance.

Recent data showed that 90% of criminal defendants plead guilty in 2019 and only 2% of criminal defendants went to trial. Most criminal defendants accept plea deals without fully knowing their options.

That’s a huge problem.

The Biggest Mistakes People Make In Court

You ever wonder what is the number one thing that sinks most cases?

The biggest mistakes are made well before the first step is taken into a courtroom. They are the costly errors that end up taking away people’s freedom, money, and future opportunities.

Talking Too Much During Traffic Stops

This one’s probably the most common…

Many people think that by talking and talking they will make the situation better. They over explain and give officers all the evidence needed to prove their case.

What happens:

Any statement made during a traffic stop can later be used against them in court. That offhand statement of “Oh yeah, I was going a little fast” has just become evidence against them. Best to be polite, provide the required documentation, but otherwise keep verbal answers minimal.

Believing Ignorance Of The Law Is A Valid Defense

Here’s something that surprises people…

Many people show up to court thinking that they are going to explain that they “did not know the speed limit” or “weren’t aware of the traffic law”. They are relying on a defense of “mistake of law”.

This almost never works.

Judges continually rule that not knowing a law is not a valid excuse to break it. The only “mistake of law” allowed is a “mistake of fact” like not seeing a stop sign because a tree was in the way.

Handling Things Alone

This one shocks people the most…

Even when it seems like “just a traffic ticket”, having legal representation dramatically changes the outcome. Lawyers know how the system works and can identify legal and procedural errors that the average person would never notice.

For instance:

• Incorrect or missing information on the citation
• Radar device not being properly calibrated
• Officer not showing up to court

All of the above are common legal technical defenses that can lead to cases being dismissed entirely.

Not Understanding Plea Bargains

When it gets serious…

The majority of criminal cases end up getting resolved through a plea bargain where the defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence.

The problem is that many defendants will accept these deals without fully understanding all of the consequences they are giving up. In fact, some studies have shown that innocent defendants plead guilty out of fear of the “trial penalty”.

Making The “Everyone Else Was Doing It” Argument

Guaranteed loser…

Tell the judge that all the other cars were speeding too. This “selective enforcement” defense almost never works. The defendant would have to prove the officer had some sort of improper motive.

Judges hear it a thousand times a day.

How To Protect Your Rights During Traffic Stops

Getting pulled over is one of those “oh crap” moments.

The way someone reacts during those first couple of minutes can determine if they end up with just a warning, a citation or criminal charges.

Know What To Say

The absolute less one says, the better.

When asked “Do you know why I pulled you over?” – this is not a friendly greeting question, it’s an invitation to incriminate themselves. The best response is a simple, “No officer.”

If the officer says “Do you know how fast you were going?”, no one should start guessing or estimating. Guessing is an admission to speeding.

Understanding Consent To Search

Critical point…

Officers may ask to search a vehicle. The key point is that by asking, they are acknowledging that they require permission. If officers had probable cause, they would not be asking permission to search.

Politely refusing a search request is not an admission of guilt. It is an exercise of constitutional rights.

Document Everything Immediately

Immediately after a traffic stop, memories fade.

Smart people document everything right away – time, location, weather, conditions, what officer said, witnesses and names if possible, photos of the scene.

When Professional Legal Help Is Necessary

Most people can handle minor minor traffic infractions.

There are some situations where it’s absolutely required to have professional help. Skimping on legal fees ends up usually costing far more in the long run.

Facing Possible Jail Time

If any jail time is possible, get a lawyer. Period.

This is not optional. The consequences are too high to risk going it alone. Even a couple days in jail can mean losing a job and creating a criminal record that follows them forever.

Repeat Offenses

Multiple traffic violations or criminal charges?

This is where penalties increase dramatically. A second DUI carries mandatory minimums. Multiple speeding tickets may lead to automatic license suspension. Repeat offenders are treated much more harshly by the law.

Commercial Drivers

Delivery drivers, truck drivers and any professional with a CDL have additional challenges.

Traffic violations can end careers for commercial drivers. Commercial drivers have much stricter standards than regular drivers. One serious violation may disqualify a CDL holder from commercial driving permanently.

Complex Cases With Multiple Charges

Prosecutors may stack multiple charges.

When facing multiple charges, cases become complex quickly. Each individual charge has elements that must be proven beyond reasonable doubt. Defendants need legal counsel to analyze each charge separately, and find weaknesses in the prosecution’s case.

Trying to fight multiple charges alone is like performing surgery on yourself. Technically possible but really not recommended.

Bottom Line

Criminal defense and traffic violations appear to be simple and straightforward.

Appearances can be deceiving. The legal system is complex with many nuances and technicalities. Treating these matters casually can often cost people dearly for years in the form of higher insurance, lost jobs and criminal records.

The pattern is clear:

Most of these mistakes stem from ignorance of the process and rights. Defendants make assumptions and false conclusions about how things work and their rights.

Smart defendants remain silent during traffic stops, document everything immediately, know their rights, and when necessary, call for professional help.

Court statistics show criminal defendant filings declined 4% in 2024. Not an across the board decrease though, so it does not mean the legal system is becoming easier to understand and navigate. Prosecutors have refocused on stronger cases, which means more careful scrutiny on the part of the defense.

Criminal defense proceedings are not something to improvise or wing it at. One mistake and it can have life changing consequences that ripple through all areas of a person’s life. Understanding common pitfalls and knowing when to call for professional help isn’t just smart, it’s required for protecting one’s future and freedom.

Don’t be another statistic. Learn from other people’s mistakes. Approach all criminal proceedings with the seriousness they warrant.