Criminal Defense Do's and Don'ts

After you are arrested for an alleged crime, there are certain actions you should take and others that you should definitely avoid. The steps you take now can have a major effect on the outcome of your criminal case, so it is best that you proceed with the highest level of caution. Our NYC criminal defense attorneys at H. Benjamin Perez & Associates, P.C. provide a list of criminal defense "do's" and "don't" for individuals who are confronted by police or arrested.


  • Do exercise your right to remain silent after an arrest by refraining to answer question by police until a lawyer is present.
  • Do pay attention to whether the arresting officers read your Miranda Rights.
  • Do contact an experienced attorney as soon as possible so you can begin immediately working on a solid defense plan.
  • Do understand that each criminal case is different and that you will need to choose the defense option that best meets your needs—i.e. negotiating a plea bargain, filing a motion to have your charges dismissed, fighting your charges in trial, etc.
  • Do follow all of the court's orders. For example, the court might order you stay in the state while your case is ongoing, to show up to all court hearings and/or to refrain from contacting certain individuals.


  • Don't resist arrest. This could lead to additional criminal charges.
  • Don't answer officers' questions without having a lawyer present, even if the questions seem harmless.
  • Don't give officers consent to search you or your property without a search warrant. (This generally applies prior to arrest.)
  • Don't plead guilty without first consulting with a lawyer. There are many cases in which the defendant has a winning defense without even realizing it.
  • Don't attempt to contact anyone who has an order of protection filed against you. This person is usually the alleged crime victim. Also, avoid contacting any witnesses who are scheduled to testify in your case. Either of these actions will only get you into more trouble with the law.
  • Once you call our firm, we can provide you with further guidance concerning your criminal matter. Contact us for help protecting your rights and your chances of reaching a positive case result!
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