Crime shows and movies often show police officers reading Miranda rights during arrests. While you should be read your rights, this happens when you are taken into custody and interrogated.
When you’re facing criminal charges, it’s a scary experience. It can be even more frightening if you have heard any of the myths swirling around the criminal court process.
Here are the most common myths about criminal defense debunked to help you have the accurate information you need to navigate the charges pending against you.
Myth: Only Guilty People Get Arrested
In order for a police officer to arrest you, they must believe that there is enough evidence to make the charge. The entire basis of the criminal law system is that you are innocent until proven guilty. While an arrest is certainly something you want to avoid, this action does not mean you are guilty. It is only the first step in the legal process.
Myth: You Must Be Read Your Miranda Rights
Crime shows and movies often show police officers reading Miranda rights during arrests. While you should be read your rights, this happens when you are taken into custody and interrogated.
The police are not required to read you your rights until that point, though anything you say before then can also be used against you. If you are in doubt, the best thing you can do is politely state that you wish to remain silent and would like to speak with your attorney.
Myth: Cooperating Means You’ll Get a Lighter Sentence
It certainly won’t help if you are belligerent with the police but you should understand your rights. Once you are in custody, you should speak with your attorney first to ensure you do not say something that could inadvertently make your situation worse.
Myth: You Can’t Challenge the Evidence
The prosecution has to prove you are guilty beyond a reasonable doubt, which means the defense has the right to challenge evidence. This is best left to an experienced criminal defense lawyer who will question the legality of a search, challenge the credibility of witnesses, or dispute forensic evidence to poke holes in the prosecution’s case.
Myth: You Don’t Need a Lawyer If You’re Facing Minor Charges
You may think your charges are minor enough that you can represent yourself. However, doing so can be a huge mistake since there are many nuances in the law that you do not know. It is imperative to have an attorney who can help protect your rights and create a strong defense.
If you are convicted of a minor charge, you may still have to pay large fines and serve jail time. Additionally, it can stay on your record and ruin your chances of employment, impact your ability to rent or own a home, and in the case of DUI arrests, can cause you to lose your driver’s license and have higher insurance premiums.
You must choose a criminal defense attorney because they specialize in this area of the law. Ideally, you should work with one who has defended similar cases as they will have a deeper understanding of the laws associated with your charges.
Join the conversation!