Thanks to decades of thrillers and TV shows about cops and courtrooms, there are a lot of misunderstandings about criminal charges.
Many of the assumptions you hold about facing criminal charges and going to court may be completely wrong, which can get you into trouble. Look at these common myths about crime and ensure you know the facts before you need them.
It’s My First Arrest, So I’ll Get Off Easy
The first time you get arrested, you may get off easy. But there is no rule guaranteeing that, and believing this forces you to rely on many arbitrary factors, from the officer’s or judge’s mood to the circumstances surrounding the reported crime.
The nature and severity of the crime also matter as a first-time felony will naturally incur more severe consequences than a first-time misdemeanor. But even a light misdemeanor can result in jail time, fines, and a criminal record that severely affects your future.
If the Victim Doesn’t Press Charges, the Case Will Be Dismissed
In criminal proceedings, the victim doesn’t press charges; the state does. Police can arrest you, and government prosecutors can charge you, with or without the approval of any victims involved in the incident.
I’ll Get a Break If I Plead Insanity
Pleading insanity is a challenging route. Not only do you have to prove that you aren’t mentally competent, but you have to do so in a manner approved by the judge. Even if it works, you will not get a break.
Instead, depending on the severity of the crime, you’re likely to be sent to an institution and have prolonged requirements that last much longer and can be much more unpleasant than being found guilty and competent.
Representing Yourself in Court Is No Problem
Representing yourself in court is a mistake, and it can be a costly one—even if you’re not guilty of the charges against you. While an important part of a lawyer’s job is to provide evidence and prove the facts, an even bigger part is understanding all of the legal proceedings, knowing what tools to use, and understanding the associated documents, deadlines, and court norms.
Without these vital areas of knowledge, you cannot effectively represent yourself. Even trained criminal attorneys will very rarely represent themselves.
Your Case Will Be Dismissed If the Police Did Not Read Your Miranda Rights
Miranda Rights are relatively narrow and largely inform you of your right to not self-incriminate. If your arresting officer did not read you your Miranda Rights, only some of the statements you make may be barred from being used as evidence—and even then, only if your lawyer contests them and a judge agrees.
On top of that, failing to have your Miranda Rights read does not mean the charges will be dismissed. Any other evidence that you committed a crime can still be weighed, and the charges themselves will stay in place through a lengthy legal proceeding.
You Only Get One Phone Call After Your Arrest
You might have picked up this myth from a movie or television show. In reality, the right to make phone calls, not just a single phone call, is protected by the 14th Amendment. The arresting officer may allow you to call someone on your cell phone; otherwise, you’re entitled to multiple phone calls after the booking is complete.
While you might not be able to immediately make a call, you can always request—and receive—a call to a loved one or attorney.
Silence Means You’re Guilt
Silence doesn’t mean you’re guilty—silence means you’re smart. Anything you say in your defense can be used as evidence against you, but silence can only be used in your favor.
Any statement you make could be misinterpreted, contested, used as proof you’re lying, or used to confuse you and people who know you. The best course of action when you’re facing criminal charges is to stay silent beyond requesting your attorney.
Get Legal Help Now
The only way to protect yourself when you’re facing criminal charges is to hire an attorney who understands the real court systems and prosecution systems. The legal team at the Law Offices of Richard Wunsch is here to help.
Contact us today to get answers to your legal questions and help with your criminal charges.