Top Mistakes to Avoid After an Arrest

Top Mistakes to Avoid After Being Arrested

Being arrested for a misdemeanor offense can be frightening and confusing—especially if it’s your first time dealing with the criminal justice system. Whether you're facing a charge for disorderly conduct, driving under suspension, or petty theft, how you handle the situation in the hours and days after your arrest can have a major impact on your case.

At Brian C. Morrissey, Attorney at Law, we’ve seen how avoidable mistakes can lead to harsher penalties, lost defenses, or even new charges. This post outlines the most common mistakes people make after a misdemeanor arrest—and how to avoid them.

1. Talking to the Police Without a Lawyer

Do not explain your side of the story to the police without legal counsel present. Officers may act friendly or say they “just want to hear your version,” but anything you say can and will be used against you in court.

Even seemingly harmless statements can be twisted or taken out of context later. You have the constitutional right to remain silent—use it. Politely tell the officers:

“I want to speak with an attorney before answering any questions.”

They can also use things against you that you did NOT say. If you leave out a detail due to the stress of the situation and remember it later, they will allege that your story is changing or ask why you didn't say that when they talked to you the first time. Talking to the police without a lawyer is a difficult thing to do.

2. Pleading Guilty Too Quickly

When you appear at your arraignment in Toledo Municipal Court, or any other court in northwest Ohio, the judge will ask for your plea. Many people feel pressured to plead “guilty” or “no contest” to get the case over with quickly.

But doing so may result in:

·      A permanent criminal record

·      Jail time or probation

·      Fines and court costs

·      Points on your license

·      Collateral consequences (employment, housing, immigration, etc.)

It is usually a good idea to speak to a criminal defense attorney before entering a plea. You may have strong defenses or be eligible for a reduction, diversion, or dismissal. Even if the evidence against you is strong, a reduction is still possible. A criminal defense lawyer will be able to guide you through that process and give full and thorough advice.

3. Violating a Temporary Protection Order (TPO)

In some misdemeanor cases—especially domestic violence or harassment-related charges—the court may issue a Temporary Protection Order prohibiting you from contacting the alleged victim.

Even if the person tries to reach out to you, do not respond. A TPO violation can lead to:

·      New criminal charges

·      Jail time

·      Revocation of bond

·      A stronger case for the prosecution

Let your attorney handle any communication. Violating a TPO is a serious mistake—even if you think the order is unfair or unnecessary. A TPO is usually temporary, and remains in place for the remainder of the case. It can be replaced with a no contact order as a condition of probation if there is a conviction, but violating can land a person is serious trouble if contact is made.

4. Posting on Social Media

After an arrest, your instinct might be to vent, explain, or clear your name online. Don't do it. Police and prosecutors can find posts from Facebook, Instagram, Snapchat, and other platforms. Posting about your arrest, your accuser, or the events leading up to the charge can seriously hurt your defense. Many times, the accuser can bring certain posts to the police or prosecutors and new charges can be filed. Social media posts do not help when a charge is pending, and going silent is usually the best course of action.

Private messages or deleted content can be subpoenaed. Instead, keep your social media accounts private and refrain from discussing your case online until it’s resolved. Even if the protected party is blocked, friends and family may see it and tell the person that they are being talked about online.

5. Missing Your Court Date

Failing to appear in court for a misdemeanor is a serious offense. In most cases, the judge will issue a bench warrant for your arrest and may revoke your bond, making it harder to stay out of jail while your case is pending.

Always:

·      Write down your court dates

·      Arrive early to court

·      Dress respectfully

·      Notify your attorney immediately if something may prevent your appearance

· Call or email your attorney if you forget your court date

If you missed court due to a misunderstanding or emergency, contact your attorney as soon as possible to address the issue before a warrant is enforced. Many courts will be understanding to an emergency situation. But the courts won't know unless you tell your lawyer about the circumstances.

6. Failing to Hire an Experienced Defense Lawyer

Perhaps the biggest mistake you can make is trying to handle your case alone or hiring a lawyer without experience in Toledo Municipal Court.

Every case—and every courtroom—is different. You need an attorney who:

·      Understands local court procedures

·      Has relationships with prosecutors and judges

·      Knows how to negotiate or litigate based on the charge

·      Can identify opportunities for dismissal, diversion, or expungement

At Brian C. Morrissey, Attorney at Law LLC, we focus exclusively on criminal defense and we fight to get our clients the best possible outcomes, even if it means going to trial.

7. Ignoring the Long-Term Consequences

Too often, people treat misdemeanors as “no big deal.” But even a minor conviction can cause:

·      Loss of job opportunities

·      Denial of rental housing

·      Suspended or revoked driver’s license

·      Immigration complications for non-citizens

·      Ineligibility for financial aid or student loans

We help clients not only deal with the immediate charges but also plan for the future, including record sealing and rehabilitation options when available.

What to Do Instead: Protect Your Rights

If you’ve been arrested for a misdemeanor in Toledo, here are the smart steps to take:

✅ Exercise your right to remain silent

✅ Hire a qualified misdemeanor defense lawyer immediately

✅ Comply with all court orders and conditions of release

✅ Avoid social media and limit conversations about your case

✅ Appear at all court dates and stay in communication with your attorney

Call Today for a Free, Confidential Consultation

If you or a loved one has been arrested for a misdemeanor in Toledo, Sylvania, Oregon, or anywhere in Lucas County, don’t wait to get legal advice. We’re here to guide you through every step of the process.

📞 Call Brian C. Morrissey, Attorney at Law: (419) 830-7441

🌐 Visit www.brianmorrisseylaw.com

📧 Email: brian@brianmorrisseylaw.com



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