Arrested? Get The Facts Straight About These Common Misconceptions
Further harm can come to those arrested if they waste important time and attention on a bunch of criminal misconceptions. Read on to find out more.
Real Life Is Different
Courtroom and crime dramas can be fun to watch and are interesting too. However, it's a mistake to base your impressions of what it's like to be charged with a crime on those. What you see on those shows aims more for entertainment than education. One of the only people who can help you after an arrest is a real criminal defense attorney. They can help you form a case, decide on a plea bargain, and support you as you fight your charges. Don't get caught up in the misconceptions below, however.
Law Enforcement Must be Honest
There are absolutely no rules that disallow detectives and officers from telling defendants lies. When they are arresting you, they can lie. When they are interrogating you, they can lie to you. One common strategy is to pretend that they have evidence that they do not have to get defendants to admit things. Or they might claim that a co-defendant has already confessed. The best way to deal with this issue is to speak to law enforcement only once you have a criminal defense attorney present with you. That usually prevents nonsense like being told lies from occurring in the first place.
You Cannot Just Stay Silent
Some people misinterpret the Miranda Rights, to say the least. You don't have to answer law enforcement's questions, in general, without a lawyer present. However, that should not be taken to mean that you should just sit there and clam up. You must provide your name or other identifying information to law enforcement. If you don't intend to answer any questions without a lawyer, you must let them know that. If you don't want to answer questions, you must state that you don't want to because you could be incriminating yourself, so you are refusing.
You Must Understand What a False Arrest Means
First, if you have been arrested and you were not guilty of the crime in which you are accused, you may have a case for false arrest. However, consider the facts below first:
- False arrest, if not a criminal issue, is a civil issue. You can sue for false arrest in civil court and gain compensation if you prove your case.
- If law enforcement has arrested and charged you, you must either be released with dropped charges or prove your innocence in court to have a false arrest case. In most cases, law enforcement won't take things that far before you are released.
To find out more about any of the above common misconceptions, speak to a criminal lawyer.