7 Critical Actions to Avoid When Responding to Criminal Cases — Roel Law Firm's Criminal Defense Team Risk Guide

A call from the police station, notice of prosecution investigation, notification of accusation — each choice made at this moment significantly influences the outcome of a criminal case. While the basic principles of initial response to criminal cases were covered in Part 1 comprehensive guide, this article organizes the dangerous actions that must be absolutely avoided during this process, focusing on specific cases. To avoid situations where a single misstep in initial response leads to loss of settlement opportunities, increased punishment levels, and civil claims, you must first clearly understand "what not to do."

The most common mistake when a police summons arrives is the optimistic judgment that "transparent explanation will clear up misunderstandings." Particularly in initial response to criminal cases, appearing alone for police investigation and having an explanation without immoral intent recorded as criminal evidence is very common. For example, there was a case where a businessman in his 40s summoned for fraud charges explained "the transaction message was clearly an intentional promise," and that statement itself was submitted to court as evidence of "fraudulent intent." A drunk driving suspect's statement that "I drank a little that day but my driving ability was fine" was converted into "evidence of alcohol awareness," which increased punishment.

Core Risk: There is no freedom in statements. Police investigation is "investigation," not "negotiation." The investigator records every word you say in an investigation report, which influences whether the prosecution indicts and the court's ruling. Particularly for high-accusation crimes like drunk driving, assault, and fraud where settlement with victims is highly possible, a single unfavorable statement during investigation can derail settlement negotiations. Based on Roel Law Firm's criminal defense team's experience, when people sought counseling from a lawyer after appearing alone for police investigation, unfavorable statements were already on record.

Solution: Call a criminal defense lawyer immediately after receiving the summons. Your right to retain a lawyer is guaranteed from the moment you receive the summons notice. You can clearly notify the police that "I will appear after consulting with a lawyer," and this is a legally justified right. Roel Law Firm's criminal defense team in Seoul's Seocho-gu can understand what charges you're involved in and how urgent the situation is with just an emergency consultation call, and establish a strategy before you appear.

•Lawyer-accompanied investigation before police summons is the first step to protecting settlement opportunities

•Investigation reports become courtroom evidence, so every sentence matters

•Attempting to retract or modify statements after appearing alone results in zero credibility of the statement

The second most common mistake in initial response to criminal cases is the illusion that "settling quickly will resolve the problem." While settlement with victims is important in private prosecution crimes or accusation-based crimes such as assault, injury, defamation, and fraud, the timing and method are critical. There are cases where directly calling victims before prosecution investigation resulted in counter-accusations of "the accused attempted to coerce settlement," and incidents where approaching with gifts and saying "please settle" were caught as "bribery."

Core Risk: Settlement timing and method can become evidence of crime in reverse. There are cases where going to a victim's house to give settlement money for scratching their car during drunk driving was recognized as "fleeing and concealing damage," resulting in heavier punishment. In assault cases, sending messages to victims asking to "withdraw police complaints" have been prosecuted as "destruction of evidence and intimidation." In fraud cases, handing over money while asking for leniency becomes "your confession of the crime," making settlement less likely.

Solution: All contact with victims must proceed only through a criminal defense lawyer. The lawyer strategically judges settlement amount, timing, and evidence preservation methods, and creates a settlement agreement that completely prevents future objections. Roel Law Firm's criminal defense team has experience accurately judging the timing of settlement before and after prosecution investigation, maximizing settlement possibilities in drunk driving, assault, fraud, and injury accusations. The settlement success rate differs by more than threefold between meeting victims directly or contacting them versus having a lawyer mediate.

•Direct contact with victims can result in counter-accusations of "destruction of evidence" or "intimidation"

•Missing the timing of settlement payment and agreement creates difficulties in settlement after prosecution indictment

•Only lawyer-accompanied settlement is the sole way to be recognized as "settled" in future court proceedings

The third major mistake in initial response to criminal cases is the misjudgment that "if I delete messages or photos related to the case, evidence will disappear." Modern investigation uses digital forensics as standard, so deleting messages itself becomes a new crime of "destruction of evidence," and KakaoTalk, Line, and Facebook messages are backed up on servers and can be recovered even after deletion. There was a case where an online shopping mall operator accused of fraud deleted all transaction records and customer messages, received an additional charge of "destruction of evidence," and had punishment doubled.

Core Risk: Acts of destruction of evidence are prosecuted as independent crimes. When police arrive with a phone seizure and search warrant and you've already deleted messages, that itself becomes indirect evidence that "you recognized the crime and attempted to eliminate evidence." Particularly in drunk driving, assault, and injury cases, attempting to erase photos of yourself posted on SNS or conversation records with victims causes investigation agencies to judge it as "confession of accusation." Among cases consulted by Roel Law Firm's criminal defense team, there are not a few instances where destruction of evidence resulted in heavier sentences than the original accusation.

Solution: From the moment you're contacted by police, preserve all devices and messages "as is." The best you can do is save separate backups of KakaoTalk, Line, email, and memo contents and show them to your lawyer first. The lawyer can judge whether those messages are evidence that weakens your accusation or evidence that should be preserved. When a police summons arrives, leaving your phone with a trusted person (spouse, parent, lawyer) is also a strategy.

•Attempts to delete messages and photos result in additional "destruction of evidence" charges

•Most deleted files can be recovered through digital forensics

•"Preservation as is" is the most advantageous defense strategy in initial response to criminal cases

The fourth dangerous action is mistaking a "fine notice" from police as "confirmed punishment" and immediately paying when receiving it. Particularly for violations such as drunk driving, speeding, and illegal parking, police issue "administrative penalties" on the spot, but many people mistake this for a "court ruling." However, this is an "administrative process," and you have the right to object and file an objection with the court. There was a case where a driver in his 50s who received an administrative penalty notice for drunk driving immediately paid it, then later expected during settlement negotiations that "since I already paid the fine, punishment should be reduced," but the court viewed this as confession and actually raised the sentence.

Core Risk: Paying administrative penalties is likely to be interpreted as confession of accusations. In initial response to criminal cases, police "administrative penalty notices" or "summary order fines" are not court rulings. Yet if payment records remain after you pay, the court judges "the accused admitted their accusations." Particularly in crimes like fraud, embezzlement, and defamation, there are no administrative penalties, but in cases like drunk driving, assault, and injury, administrative penalties and criminal punishment can proceed simultaneously, so paying before consulting a criminal lawyer can put you in a disadvantageous position in the criminal case.

Solution: When receiving a police administrative penalty notice, immediately consult a criminal defense lawyer and judge whether to pay. The lawyer distinguishes whether the notice is an "administrative process" or "criminal accusation," and establishes both payment timing and settlement strategy together. Roel Law Firm's criminal defense team uses a strategy in various Road Traffic Act violations such as drunk driving, assault, injury, and driving without a license to avoid administrative penalty disputes and focus only on criminal settlement. Be careful not to let the thought "it will be easier if I just pay" derail your criminal settlement.

•Police administrative penalty notices are administrative processes, not criminal rulings

•Administrative penalty payment records can be used as evidence of confession in criminal cases

•Immediate administrative penalty payment without lawyer accompaniment makes criminal settlement difficult

The fifth danger is receiving a prosecution summons and either ignoring it or judging "it's just like police investigation, so it should be fine without a criminal defense lawyer." Particularly, if someone who already made unfavorable statements during the police stage makes different statements again at the prosecution stage, "this time more carefully," the prosecution views this as "contradiction in statements" and judges "you're lying." There was a case where someone charged with assault said "the other party started the fight first" at the police station but changed to "no, I started first" at the prosecution level, resulting in an additional "false statement crime" charge.

Core Risk: Prosecution investigation is deeper than police investigation, and contradictions become new crimes. The prosecution reviews all investigation reports and evidence collected by police before summoning you. In other words, they know everything you already stated at the police stage and conduct investigation with that knowledge. At this stage, saying something different from your police statement results in an additional "false statement crime" or the credibility of your statement completely collapses, making settlement possibilities near zero. Also, many ask "can't an acquaintance appear on my behalf?" but criminal summons require the accused's personal appearance as a legal duty, and proxy appearance has no legal basis and only creates additional problems.

Solution: When receiving a prosecution summons, completely align your police stage statements with your lawyer before appearing. The lawyer analyzes the police report and pre-strategizes what questions you'll face at prosecution investigation and how to answer them. If your police statement was imperfect, the lawyer finds ways to supplement it at the prosecution stage in the form of "additional explanation." This is why Roel Law Firm's criminal defense team accompaniment is important at this stage — because the prosecution has the authority to decide whether to indict. In drunk driving, assault, injury, and fraud accusations, the prosecution stage strategy determines the next stage (indictment/non-indictment).

•Prosecution summons is a more serious stage than police investigation, with authority to decide indictment

•Contradiction with police statements raises possibility of additional "false statement crime"

•Police stage statements must be completely aligned with your lawyer before prosecution investigation

The sixth danger is that while you consulted with a lawyer during the police and prosecution stages, you think "now when I just appear in court, the judge will make a fair judgment" and appear in court alone without a criminal defense lawyer. At this point, the prosecution has already "indicted," so the judge has reviewed all evidence and investigation reports presented by the prosecution. The moment you open your mouth in court, it's evaluated for credibility compared to police and prosecution reports. Most people who didn't receive lawyer help during the initial response stage to criminal cases and appeared at prosecution investigation, then for the first time took the stand in court saying "I will explain myself," cannot answer the judge's question "you already said something different at police and prosecution stages."

Core Risk: Courtroom testimony directly influences the judge's sentencing (type and level of punishment). When someone indicted for drunk driving testified "I drank that day, but my driving ability was sufficient," the judge considering the breathalyzer reading, police investigation reports, and injury results judges "the defendant's testimony lacks credibility." Once this judgment is made, "driving ability," which was a key issue in drunk driving, is rejected in court, and only the "fact of drinking" is recognized, resulting in heavier punishment. In assault cases too, when the defendant claims "the other party used force first" but the judge points out "you already testified differently at the police station," that claim loses persuasiveness in court.

Solution: Before court appearance, definitely establish a court strategy with your criminal defense lawyer. The lawyer pre-reviews evidence and witnesses the prosecution will present and your defense strategy, and aligns the key points and forbidden expressions of courtroom testimony. Additionally, when a lawyer faces the judge's question "you said something different at the police station," the lawyer presents ways to respond credibly in the form of "additional explanation" or "correcting my recollection." Roel Law Firm's criminal defense team in Seoul's Seocho-gu has experience establishing court strategies in various accusations including drunk driving, assault, injury, fraud, and defamation, and represents you in all stages from prosecution indictment to first trial judgment.

•Courtroom testimony is thoroughly compared with police and prosecution statements, with credibility evaluation determining the ruling

•First-time arguments in court are judged as "defense too late"

•Court appearance without lawyer accompaniment is equivalent to strengthening guilt by your own mouth

The seventh danger is thinking everything is finished when the criminal case concludes. Particularly when a criminal case is resolved through settlement or a summary order, many people feel reassured thinking "now there are no legal problems." However, cases such as assault, injury, fraud, and defamation can proceed with civil lawsuits separate from criminal cases. There was a case where in an assault case where a criminal settlement of 1 million won was given and resulted in non-indictment, the victim submitted a civil complaint for 20 million won six months later under "medical expenses and consolation money." At this point, the criminal settlement agreement doesn't exempt civil responsibility, so the defendant must return to court.

Core Risk: Criminal settlement ≠ exemption from civil responsibility. A criminal case is the relationship "state vs. accused," while a civil case is the relationship "victim vs. defendant." Even if you receive non-indictment or a summary order in a criminal case, the victim has the right to separately file a civil damages claim. Particularly in cases where you damage another's car during drunk driving, the criminal case may be resolved as non-indictment but you may face civil claims for vehicle repair costs, valuation loss differences, and rental fees. Even if you give criminal settlement money in fraud accusations and achieve non-indictment, civil cases can prove "additional damages" and claim larger amounts.

Solution: Organize civil responsibility together at the criminal settlement stage. When setting criminal settlement amounts, the lawyer clearly states in the agreement "whether this only exempts criminal responsibility or includes civil responsibility." In drunk driving, assault, and injury cases, it's important to specify "this settlement amount is the final settlement of all damage claims." Roel Law Firm's criminal defense team already predicts civil responsibility at the criminal case stage and sets settlement amounts accordingly, blocking long-term risks. To avoid "another courtroom" after initial response to criminal cases concludes, you must ensure a criminal lawyer establishes a strategy considering civil matters from the beginning.

•Criminal settlement or non-indictment ≠ exemption from civil responsibility

•Victims can file civil damage claims separate from criminal cases

•"Final settlement of all damage claims" must be specified in criminal settlement agreements

Q1: I received a police summons. Is it okay to go without retaining a lawyer?

A: It's absolutely not recommended. Statements made during police investigation extend to prosecution and court, and it's very difficult to retract or modify later. Particularly for accusations such as drunk driving, assault, and fraud, settlement with victims is important, and if you make unfavorable statements at the police stage, the settlement opportunity itself disappears. Roel Law Firm's criminal defense team can provide basic consultation with just an emergency call immediately after the summons arrives and establish strategy before you appear.

Q2: Won't it end faster if I meet the victim directly and settle?

A: It's actually more likely the settlement will fall through. When contacting directly without a lawyer, your words and actions can reverse into "intimidation" or "destruction of evidence" charges. Additionally, even if the victim promises settlement, they may later claim "I was coerced," or the settlement agreement may lack legal validity, causing civil disputes to continue. The settlement success rate with lawyer mediation is more than three times higher.

Q3: I paid an administrative penalty for drunk driving. Is the criminal case now over?

A: Administrative penalty payment can be interpreted as confession in the criminal case. The court may view your payment as "admission of the accusation," potentially making settlement more difficult. You should have consulted a criminal lawyer before payment to determine whether to pay and how it affects the criminal case strategy.

Q4: Does a criminal settlement agreement prevent civil lawsuits?

A: No. The criminal settlement only resolves the criminal case between the state and the accused. The victim can separately file a civil damage claim. At the settlement stage, the agreement must clearly state "this is the final settlement of all damage claims" to prevent civil disputes.

Q5: The prosecution summoned me. Is it different from police investigation?

A: Yes, it's a more serious stage. The prosecution already knows your police statements and has the authority to decide indictment. Contradictions with police statements can result in additional "false statement crime" charges. You absolutely must consult your lawyer before appearing and align all statements.

Q6: Can someone appear on my behalf at court?

A: No. Criminal summons require the accused's personal appearance. Proxy appearance has no legal basis and only creates additional problems. You must appear personally, preferably with your lawyer.

Q7: What should I do if I already deleted messages before knowing about the case?

A: Report this to your lawyer immediately. Message deletion may result in additional "destruction of evidence" charges. However, your lawyer can assess the situation and determine the best defense strategy moving forward.