It’s one of those situations where most of us pray we won’t end up in – but it can happen.
We’re not going to suggest that being arrested is fun, enjoyable or anything other positive. At the same time, there are a lot of myths that surround it – many of which are completely untrue.
This is the reason we have put together today’s post. If you do happen to end up in the arrest records, at least be aware of the following misconceptions about the process which might even aid you.
Myth #1 – You must do exactly what the police tell you to
Well, there are two sides to this first myth.
First of all, there are cases where you must do what the police tell you to do. If they are issuing an instruction, it goes without saying that you would be a fool to ignore it. Likewise, if they ask for your name, age or address you should give it immediately.
However, you don’t always have to do what they tell you to. After all, whatever they say to you can be used in court. As such, a lot of people advocate not saying a thing until a lawyer is present. Even though they might suggest that co-operating with them now will make life easier for you, resist the urge and wait for your representative to come and assist you. Remember, you are not legally obliged to answer their questions.
Myth #2 – If you are not read your Miranda rights, you are free
This is one of those myths which is constantly doing the rounds but in short, it’s not true.
Sure, if your Miranda rights are not read out and you make a confession, this is something that can’t be used in the court of law.
However, there might very much be other areas that suggest you might have committed the crime. It’s in these instances where a prosecutor is likely to still pursue a case against you. It might not have your initial confession as part of the evidence, but they might be satisfied that they still have enough to pursue a case.
Myth #3 – You have the right to make a phone call
This is probably due to the movies. We always see the guy ending up in prison, before making a call to his significant other on the prison phone.
Well, if you are unfortunate enough to end up in this position, you don’t actually have this right. There are no constitutional rights that permit a phone call for you, so if you do end up in this situation don’t bank on receiving such a privilege.
Myth #4 – A person with no previous history will get out quickly
Just because you haven’t been arrested, or worse, in the past, it doesn’t mean to say that you are going to get away instantly.
Instead, a slightly different process is followed. You will be asked a series of questions by a clerk, such as if you own a house, if you work and other general questions about your lifestyle. If all of the answers are satisfactory (this is based on a scoring system) the judge will decide whether or not you are a suitable candidate for release as the case proceeds.