Thanks to film, television, and armchair pundits online, a lot of folks have inaccurate expectations and beliefs about the legal system. This can be detrimental if you’re facing criminal charges, as you may act or behave in ways you think will protect your rights – when in fact, they do anything but.

This blog aims to debunk some of the most common myths surrounding criminal law and give you more accurate information about your rights, as well as navigating the criminal defense process.

Myth 1: Silence is an admission of guilt

A classic misconception portrays silence in the face of accusations as an admission of guilt. However, the Fifth Amendment of the U.S. Constitution guarantees the right against self-incrimination, allowing individuals to remain silent during police questioning without it being construed as an admission of guilt. This right empowers individuals to avoid accidentally incriminating themselves while exercising their legal rights.

Myth 2: The police must read my Miranda rights for my arrest to be valid

While Miranda rights – informing individuals of their right to remain silent and consult with an attorney – are vital to the criminal justice process, not every police encounter necessitates them. Miranda rights only apply to situations where a person is in custody and being questioned, not during routine traffic stops or casual interactions with law enforcement.

Myth 3: A clean record guarantees a lighter sentence

While a clean criminal record can be considered a mitigating factor during sentencing, it doesn’t guarantee leniency. The severity of the offense, evidence presented, and potential aggravating factors, such as prior related offenses or a history of violence, significantly impact sentencing decisions. Our Bowie and Dunkirk criminal defense attorney works for reduced or dropped charges, no matter your criminal record.

Myth 4: You only get one phone call after arrest

Pop culture often portrays a single phone call being the only contact allowed after arrest. However, the number of phone calls permitted can vary. You typically have the right to make multiple phone calls, including contacting family members or your criminal defense attorney. This “right” may depend on where and why you’re arrested. Also, keep in mind that these phone calls will not be private and you should always assume anything you say can be used against you. It’s important to consult with an attorney to understand the specific phone call rights applicable in your situation.

Myth 5: If I cooperate with the police, they’ll go easy on me

While cooperating with law enforcement may seem beneficial, you should remember that the police represent the state, not your interests. While cooperation might be considered when determining sentencing, it doesn’t guarantee leniency. It’s always best to consult with an experienced criminal defense attorney from Carey Law Office before cooperating with a police investigation to ensure your rights are protected throughout the entire process.

Myth 6: The police are required to tell me the truth

In television shows, it’s always the “dirty” cops who lie to the accused. In truth, law enforcement can lie to you. In reality, they will lie to you if they believe it will help them. They may make promises they are in no position to keep (like saying you’ll get a reduced sentence) or tell you they have proof they do not have. This is not illegal, and you cannot use their lies as a defense. It is critically important that you do not speak to the police or make any “deals” with them before your defense lawyer shows up.

Myth 7: I can sue the police for making a false arrest

While it’s possible to sue the police for misconduct, including false arrest, it’s a complex legal process with specific requirements and limitations. These lawsuits often have strict time limits and require proving the officer acted with malicious intent or a significant disregard for your rights. Consulting with an attorney is essential before considering a lawsuit against the police. We can help.

Myth 8: I can represent myself in court to save money

While you do have the right to represent yourself in court, you must understand that criminal law is complex and nuanced. Navigating legal procedures, presenting evidence, and understanding legal arguments requires specific skills and resources. Representing yourself when you are not a licensed, practicing lawyer only increases the chances of a bad outcome.

Myth 9: Criminal records almost always follow you around

In many cases, individuals can seek expungement or record sealing, a legal process that removes a criminal conviction from public view. However, eligibility and requirements vary depending on the offense involved. Attorney Carey can tell you if this option is available to you given the specific circumstances of your case.

Myth 10: Only violent crimes result in serious punishments

While violent crimes often carry significant consequences, non-violent offenses, including white-collar crimes or drug charges, can also result in severe penalties, including substantial fines, imprisonment, and long-lasting consequences for employment, housing, relationships, or professional licensing.

Debunking these myths highlights the importance of seeking an experienced defense attorney when facing criminal charges. Remember – the legal system is complex, and navigating its various components without legal help can be challenging. Working with an experienced defense lawyer may be the difference between going free and going to jail or prison.

If you find yourself facing criminal charges, call or contact Carey Law Office today to schedule a consultation with a defense lawyer. We can advise you on your rights, explore legal options, and protect your interests throughout the legal process. Call or contact us today to learn more. Carey Law Office maintains offices in Bowie and Dunkirk, and serves all of Calvert County.