What Are The Top Misconceptions About Being Arrested For A Crime?

The biggest misconception is that if someone has been arrested they think they are guilty or they would be found guilty or that there is no way to resolve the situation without negative consequences! That is not true. Just because you are arrested does not mean that you are guilty. There are several ways that the case can be resolved before the case ever gets to court. Results are obtained by contacting either the police department directly or the prosecutor before the case is filed. In those situations, the charges may be able to be resolved or dismissed prior to ever reaching court.

Common Ways In Which People Unintentionally Incriminate Themselves

One often thinks that the best client is the most intelligent client. However, that is not always the case! What happens is that people often think that they can talk their way out of an arrest, that they can explain in such a way that the case would either be resolved or the police officer will not arrest them and they will be allowed to go on their way. Because of that, the individual often thinks that what they are saying is in their best interests when in fact what they may be saying just falls into the trap that the officer may have placed. The only advice that one can take is to not say anything. That is certainly the best advice and it is the advice that is going to be most successful in almost every situation.

Advice For People Contemplating A Guilty Plea In A Criminal Case

It is something that obviously needs to be taken into consideration when representing a client. However, it certainly is not in the client’s best interest, nor is it really fulfilling my obligation as a criminal attorney to go in blindsided and without any information and just “Throw oneself on the mercy of the court”. It is important for the client to begin to understand that just because they have been arrested does not mean that one, they are guilty, or two, that they can be proven guilty.

The fact that an individual feels guilty is certainly a situation that occurs whenever someone gets arrested. One needs to separate the emotionality from the legalities and allow the client to understand that those are two different worlds.

People Are Never Obligated To Speak With The Police Under Any Circumstances

You are never obligated or required to speak to a police officer in any situation. However, it does not mean that the best advice is to go in and say “I’m not saying anything to you, babe.” because you do not want to be antagonistic towards the officer. Any type of antagonism that you display is going to be used against you, either when the officer describes what has occurred or the attitude that the officer then takes from you. You always want to be polite and courteous. However, you never want to speak to a police officer.

Often, individuals get letters in the mail that say, “Please come down, we’d like to talk to you.”, or a phone call, “Please come down. We’d like to talk to you”. The problem with that is nine out of ten times that individual is going to end up being arrested rather than just being talked to. The trap that the police are using to get you into a position that they can arrest you is that letter or that phone call. So it is critical that you not go into a police station or respond to a police officer without some type of legal advice.

For more information on Top Misconceptions About Being Arrested, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 277-1707 today.


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