People think that only those who are guilty of committing a crime are arrested. In fact, in many cases the wrong person is arrested by law enforcement.
People also have a misconception that just because they have been arrested, their life is over. However, the American justice system is set up so that every person is innocent until proven guilty. This burden of proof is with the prosecution. Meaning the government must prove that the person who was arrested is actually guilty beyond a reasonable doubt.
How Do People Unintentionally Incriminate Themselves And Hurt A Pending Case?
People often speak to the police before they are arrested because they get scared, and usually end up confessing without realizing it. The same is also true after an arrest. Most people do not exercise their right to remain silent. They believe it when the police tell them “We just want to help you.” This is a common tactic used by the police to get the person talking in order to gather evidence against them.
Are There Misunderstandings Or Misconceptions Surrounding Miranda Rights?
Yes. Miranda Rights come into play after an arrest has been made. The common belief in most cases is the police would actually have to handcuff a person and tell them they are under arrest.
Sometimes the police will handcuff a person and have them sit on a curb, however that does not mean they are actually under arrest. This tactic is often used by police for safety reasons. It also creates a loophole so the police would not actually have to read one their Miranda Rights. However, one can argue that because of the fact they were put in handcuffs and asked to sit in a certain place, meaning they were not free to leave, they were actually under arrest. This argument can also be made even if handcuffs were not used. In any case the best thing a person can do if in this situation is to be polite and tell the police they wish to remain silent.
The most important thing about Miranda Rights is that once a person is arrested and their rights are read to them, in order to exercise the right to remain silent, they would actually have to speak up and say, “I want to remain silent”.
How Do People Behave Or React When Arrested Or Prosecuted For Crimes?
The first thing most people do is worry and make the mistake of thinking they can talk their way out of the situation.
A lot of people do not realize they have a right to an attorney of their choosing. Meaning, they do not have to go with the Public Defender or a court appointed attorney. Most people also do not realize they do not have to take the initial offer being offered to them by the prosecution. Most people who are prosecuted for a crime do not know how the criminal process works and that they have the ability to fight, and in some cases, have the charges dismissed.
How Public Would Someone’s Situation Be If They Were Arrested?
Once somebody is arrested, his or her name would actually go into a public database. The following day, any member of the public will be able to get a list of the people arrested in that county. However, since a lot of people do not actually know such a list exists, someone’s arrest would not be as public as they think it would be.
Their place of employment and their friends and family would not be notified unless they access the database. It would actually remain a private thing unless somebody does a background check, in which case it would show the person had been arrested.
For more information on Misconceptions About Criminal Charges, an initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (310) 448-1529 or contact us online.
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