If you are charged with a crime and required to appear in court, you are likely to receive a lot of well-intentioned advice from family and friends. However, it’s easy to make things worse in this situation, and there are three critical steps you need to take without delay.

First, make sure you know exactly what you are being charged with and what the consequences might be if you are convicted of the crime. The police will have given or sent you a document called an “information” (in some jurisdictions this is called a charge sheet and can sometimes be accompanied by a summons requiring you to appear in court). This document will state what the charge is, but generally will not state the penalty or other consequences of being convicted. Even if you have been told the maximum prescribed sentence for the crime, there are sometimes other consequences of being convicted that are much worse than the prescribed sentence. For example, if he is convicted of a drug possession crime, he may be able to avoid going to jail, but that conviction on his record could mean that he is denied entry to many countries around the world. Not a great result if you had plans to travel the world! Another example is when a person is accused of indecent assault or child abuse. Even if that criminal charge is treated with a fine or community service, it can carry lifelong consequences in some jurisdictions if his career or planned career involves working with children. Being convicted of that type of crime can mean that he can never be a foster carer, a teacher, a school counselor, or even a school janitor (for example). So a guilty verdict or guilty plea in that situation could put you out of some career options forever. You must verify this before you plead guilty. Another problem is that sometimes people think that a “first offense” rarely results in jail time. While it is true that a first offense may be considered more lenient, many people go to jail for first offenses. This is especially true for felony drug supply offenses, aggravated violence offenses, and of course murder. Therefore, it is a good idea to ask an attorney about the maximum sentence and other possible consequences of the charge he is facing. In my experience, young adults are particularly at risk of pleading guilty if they believe they will only have to pay a fine, without considering the possible long-term consequences of having that crime on their criminal record. On many occasions, people in their 40s and 50s have asked me for advice about a problem stemming from a conviction they received when they were in their teens or twenties. Sometimes it is possible to find solutions to these types of problems, but usually after 20 or 30 years it is already too late. The best time to get the best result is at the beginning, when you are first charged. Even when a person is convicted of a crime, it may be possible to obtain an unconvicted release, so that the crime is not on his or her record, if the circumstances warrant that outcome. Knowing all the possible consequences of a conviction allows you to make the best decisions for your future.

Second, if you are subject to a bond or an apprehended violence order (AVO, sometimes called a protective order or domestic violence order), check the bond terms and restrictions under the AVO. Failure to comply with your lease may result in its revocation. Violation of an AVO may result in new charges for the violation. For example, an AVO may prohibit you from contacting a specific person. If you try to contact that person, the police can charge you. So even if you are eventually found not guilty of the original crime, you may still have a criminal record due to the violation of the AVO. It is critical that you know and understand the restrictions imposed by your lease and the terms of the AVO. While these restrictions on what you can do can be irritating, especially if you deny the crime you are charged with, the court takes bail and AVO violations very seriously. If you don’t think the bail or AVO terms are reasonable, ask an attorney to change them. A lawyer can talk to the police about the terms and can negotiate more suitable terms that will make your life easier while the case is unresolved. In some situations, the police will not agree to the new terms, or the court may refuse to approve the new terms (even if the police agree to them), so in that situation it may be necessary to have a hearing to let the court decide which terms should apply. Remember that bail is an alternative to being held in custody pending trial, and if the court is concerned that you might break the terms of your bail, they can revoke your bail. In that case, you could remain in pretrial detention until your case is over, especially if the charge against you is serious or if the court considers you a danger to the community. Strictly adhering to your bond and AVO terms is one way to convince the court that you have the ability to be a law-abiding citizen. This can sometimes make a difference when it comes to sentencing, because one of the factors a court must consider when deciding whether to incarcerate an offender is whether that offender is likely to reoffend if he is released into the community.

Third, talk to an attorney about your case and ask what steps you should take to get the best result. Anything you tell a lawyer about your case is covered by “legal professional privilege,” which means the lawyer cannot be forced to tell anyone else what you have said. Therefore, you should trust your attorney and answer your attorney’s questions honestly to get the best advice for your situation. In particular, your attorney should be able to advise you on the chances of the charge being proven, that is, whether you are likely to be found guilty, and how much credit you could get for an early guilty plea. Sometimes an early plea can reduce the sentence by as much as twenty-five percent, depending on the rules or sentencing guidelines that apply. A sentence discount will reduce your fine or prison sentence, and could even make the difference between serving your sentence in jail or being allowed “home detention.” Getting a sentencing discount for an early declaration is a reduction worth having if a conviction is unavoidable anyway. A lawyer will also advise you on the possibilities of defending the charge, in which case you will need help planning your defense. Although defendants sometimes appear in court without an attorney, you should be aware that the police are very well resourced and their goal is to have you found guilty. An experienced criminal defense attorney will have previous experience dealing with similar cases and will ensure that the police prove their case against you beyond a reasonable doubt. Some aspects of criminal law are very complex, and an attorney can advise you on defenses that may be available to you that you might not otherwise be aware of. In some situations, particularly when you have never been charged with a crime before, an attorney may be able to suggest ways to obtain a better result. For example, you may be eligible for “diversion” – an option where you can avoid conviction by participating in a prescribed program – or in a traffic case you may get a better outcome if you complete a “traffic violator program” in jurisdictions where a program like that is available.

Lawyers know how to obtain relevant information from the police and other organizations. In some cases, the police may fail to disclose facts that might be helpful to you, and an attorney can verify that all necessary disclosures have been made. An attorney can also check to see if the police have followed the required procedures. The discovery of a serious police error could even lead to a charge being dropped in some circumstances. In many cases, the police file multiple charges and an attorney may try to negotiate to have the more serious charges dropped or a serious charge reduced to a lesser one.

Note: This article relates to the situation after you have been charged. If he has not yet been charged, he should ensure that he obtains legal advice before speaking to the police or making any admissions.