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Facts You Need to Know about Criminal Law

On Behalf of | Jan 18, 2020 | Firm News

The justice system can be confusing and complicated, especially for those who aren’t top criminal defense attorneys. As a result, many people come to believe assumptions as facts, which can cause serious problems when they have a run-in with the law. Here are straight truths to help you avoid making a situation with the authorities worse.

Fact #1: You Can Still Be Arrested, Even if You Weren’t Caught in the Act

In many cases, when a person is arrested for a criminal case, the legal basis comes from eyewitness testimony. Even if the police weren’t there, statements of people who saw the events are often compelling evidence. Remember, the authorities are highly trained to piece together testimonies to reach a factual conclusion.

Another way police do this is by obtaining DNA and fingerprint samples, which can lead to the identification of a suspect. After they find a probable cause for a crime, they can arrest a person publicly, even without a warrant. They might not catch you with your hand in the cookie jar, but they can definitely tell when you’ve touched it using forensic science.

Fact #2: The Police Don’t Have to Read Miranda Rights Immediately

With the popularity of crime TV shows, people who are arrested and accused of a crime think that the police need to read them their rights as soon as possible. But, this isn’t necessarily true.

People have the right to remain silent and speak to their criminal defense attorneys, but the police only have to inform them about this when they’re in custody. After all, if there’s no need to be questioned, there’s no need to seek counsel.

Fact #3: There’s No Specific Right to a Phone Call

In general, if someone is arrested, they have no recognized right to make a phone call. The police are only tasked to state why they’re bringing someone in, show a warrant, and present the detainee to a court as soon as reasonably possible. None of these requirements impose an obligation on the authorities to let a person make any kind of communication with others outside.

Fact #4: You Don’t Have to Answer All Questions when Pulled Over

When you get pulled over, you have the right to decline to answer questions. Doing this isn’t a crime. Always keep in mind that you have the right to remain silent and speak to a lawyer.

Also, a simple rule to take note of during encounters with these authorities is to ask if you’re free to go. If so, the best thing you can do is leave politely.

Fact #5: Cases Don’t Always Go to Trial

Criminal trials are often the subject of entertainment and news. As a result, popular shows have overblown this and depicted that all cases go to trial, with all the exciting discourse.

But, the reality is very different. The majority of criminal cases are resolved through plea bargain agreements, which are made between the prosecution and the defense. Some don’t go to trial because they’re dismissed immediately.

Even if you don’t expect to have any run-ins with the law, it’s crucial to remember all the points given above. This way, you won’t mistake myths about the legal system as facts. Get in touch with Ortega Law, LLC, if you need a reliable DUI lawyer in Anne Arundel County or counsel for any crime. They’ll do what’s in your best interest.