DON'T SAY YOU'RE SORRY
Normally, in every day life, I encourage people to take responsibility for their actions and apologize. It's moral. It's good for the soul.
HOWEVER, during the context of a criminal case...it is a BAD IDEA.
Here's why:
1. A written apology (either handwritten or electronic) is EVIDENCE OF GUILT.
This is probably self-explanatory; however, you would be surprised how many of my clients come to me looking for a better deal from the prosecutor AFTER they have already written a letter of apology and sent it onward.
Once the prosecutor has a letter of apology in their possession AND a deal has not yet been worked out.... you are at their mercy. You just strengthened their case and weakened your own simultaneously.
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| Sad Dr. Who (courtesy www.quickmeme.com) |
2. Wait until the government is out of the picture --BEFORE you apologize.
It is honorable to apologize to somebody you have wronged. However, like most things in life, timing is everything. Once your case is over (and your attorney tells you it is OK) it would be appropriate to say you're sorry.
It is not smart to give the state more ammunition against you --the deck is already stacked in their favor without any help from you.
3. Never give an apology without permission from your lawyer.
In some cases, I have actually had clients write apologies to victims AS PART OF A NEGOTIATED PLEA DEAL. That's the important part.
I had already negotiated a favorable deal for my client --and had it confirmed in writing from the ADA before I instructed my client to write something in apology.
There is some gamesmanship that goes into plea deals and defense attorneys need to use everything in their arsenal to get the best possible outcome for their client. An apology --when used correctly--can be an effective tool in reducing charges and getting favorable deals.
--SUMMARY---
Always run a possible apology by your lawyer. [Make sure you have a lawyer]. Don't make the mistakes listed above to give yourself the best chance to avoid criminal penalties. You can always apologize after the case is concluded and double jeopardy attaches (then they can't come after you for same crime).
BY: Attorney Mike Cyr
P: 607-229-5184
E: mike.ithacadwi@gmail.com
Twitter: @ithacadwi
