(Newswire.net — January 4, 2024) — Thanks to TV shows and movies, there are many popular myths that people believe about criminal law. Much of what is portrayed is dramatized and inaccurate.
As such, when people are arrested for allegedly committing crimes, they don’t realize that what they’ve come to believe as fact is pure fiction. Here is a debunking of the most common myths about criminal law to give you a better understanding.
The Police Must Read You Your Rights
One of the biggest myths about getting arrested is that police officers must read you your Miranda rights. Failing to do so will have anything you say thrown out in court.
While you are protected by Miranda rights, the police need only recite them to you after they take you into custody. When you are taken into custody, this is the point that you are not allowed to leave on your own accord. Any comments you make before being taken into custody can be used against you in court.
You Must Answer the Questions the Police Ask You
Another popular scene on TV and in movies is that the suspect will willingly engage in a conversation with the police officers. You have the right to remain silent even before you are officially placed in custody.
What you can’t do is lie to the police, which is a crime. However, you are well within your constitutional rights to refuse to answer questions. The best course of action is to say you wish to remain silent and would like to speak to your attorney.
A Phone Call After an Arrest
Every arrest on TV or in the movies usually follows with a scene that involves a phone call to a friend, family member, or attorney. However, you do not have a constitutionally protected right to make a phone call after being arrested.
In most circumstances, you will be allowed to make a call, but it ultimately depends on what the arresting officer permits. If you are granted permission to make a call, you should be fully aware that the officers will note the number you call and the name of the person you contact. They may also be listening to your conversation and can use what you say on the line against you.
It should also be noted that law enforcement may sift through your cell phone to look for incriminating information once it has been confiscated. You have the right to refuse to unlock your phone, which is a smart move to make even if you don’t have anything to hide.
Victims Press Charges
Many storylines involve a victim dramatically rushing into the police station to declare that they want to drop all charges. However, it is the decision of the prosecutor as to whether they file or dismiss charges.
If a witness or victim decides they don’t want the defendant to face charges, prosecutors may take this into consideration. Prosecutors may also press onward and proceed with the prosecution since crimes are deemed an offense against the state or society at large.
The best way to separate fact from fiction in criminal law is to obtain expert legal representation in your defense. Make sure you contact a criminal defense attorney as soon as possible after your arrest.