We want to address this directly, because the most common mistakes are not complicated. They are simple, understandable human errors driven by fear, embarrassment, or the instinct to explain oneself.
Talking to Police Without an Attorney
This is the mistake we see most frequently. When you are scared and feel like cooperating will help your situation, the impulse to explain yourself is completely natural. In our experience, however, statements made to police in the immediate aftermath of an arrest almost never help and very frequently hurt.
The Fifth Amendment gives you the right to remain silent, and exercising that right is not an admission of guilt. It is the intelligent use of a constitutional protection designed precisely for situations like yours. Tell the officer you are invoking your right to remain silent and ask to speak with an attorney. Then stop talking about the facts of your case until you have done so.
Posting About Your Case on Social Media
Social media posts, direct messages, and even private communications that end up in the hands of law enforcement can be used against you. Once you are aware of a criminal matter, the safest course is to say nothing publicly about it and to assume that anything you say online or in any medium could potentially be seen by a prosecutor.
Contacting Alleged Victims or Witnesses
Contacting alleged victims or witnesses without your attorney’s knowledge and guidance is another mistake that can escalate a case dramatically. In domestic violence cases particularly, any contact with the alleged victim — even contact that seems conciliatory or innocent — can result in additional charges, a restraining order, or serious consequences in your pending case. Let your attorney advise you on when and whether any communication is appropriate.
Delaying Before Hiring an Attorney
Some first-time offenders wait days or even weeks before seeking legal representation, hoping the situation will resolve itself or feeling embarrassed to take action. Time matters. Evidence can be lost. Deadlines can pass. The earlier you have an attorney engaged, the more options you have.
The Bottom Line for First-Time Offenders
Being a first-time offender in Massachusetts does not mean the outcome of your case is predetermined in the negative. There are real options available to you — real mechanisms designed for exactly your situation, real pathways to resolving this matter in a way that minimizes the long-term impact on your life.
What it requires is prompt action, honest counsel, and an attorney who understands both the law and the deeply personal nature of what you are going through.
The situation feels enormous right now. We understand that. But it is not hopeless, and the steps you take in the coming days will shape what comes next.
Milligan & Higgins is a premier OUI and criminal defense firm in Massachusetts, with over forty years of collective experience. If you or a loved one is facing criminal charges, we are here to help.
Watch our firm video: https://www.youtube.com/watch?v=jx-X_9CssZo&t=2s
Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
