5 Misconceptions About Criminal Defense
Due to its many complexities and intricacies, the legal field is surrounded by many myths and misconceptions. Last month, we looked at some of the common misconceptions about personal injury law and the truth behind them. This month, we're continuing the discussion by addressing some of the misconceptions surrounding criminal defense. Unfortunately, defending yourself in the face of criminal charges at the Lake of the Ozarks may not be as simple as you thought.
Misconception #1: Police Officers Are Required To Reveal Their Identity If You Ask Them
Some individuals believe that if they ask police officers whether or not they're a law enforcement officer, they are required to answer honestly. However, this often isn't the case. Most officers are allowed to withhold the truth if it will help them make an arrest. The argument that you cannot be held accountable because you did not know they were law enforcement typically will serve as a advantageous defense.
Misconception #2: Your Case Will Automatically Be Dismissed If The Arresting Officer Did Not Read You Your Rights
The Miranda Rights are each citizen's basic rights, such as the right to remain silent and the right to an attorney. Officers often recite these rights to suspects as they are arrested or detained. Because this is such a common practice, some people assume that a case may be voided if the arresting officer fails to read these rights. However, this is not necessarily the case. Until you have talked with your criminal defense attorney at the Lake of the Ozarks, you should assume that your case will not be dismissed merely because your rights were not read to you.
Misconception #3: If Your Traffic Ticket Contains An Error, It Will Automatically Be Dismissed
Typically, traffic ticket law is not nearly so simple. Your ticket will often still be considered a valid charge even if it contains a minor error, such as the wrong year for your vehicle or the misspelling of your name. Your ticket could be considered invalid if it contains a major error, however, such as omitting the name of the accused altogether. Your traffic attorney in Camdenton MO will be able to help you determine which errors (if any) may be used to your advantage.
Misconception #4: Your Charges Will Be Lessened If You Confess
Some individuals faced with criminal charges believe that the process will be more favorable if they simply confess to the crimes in question, and that they will be given lighter punishments for being cooperative. However, an outright confession is often one of the quickest ways to subject you to being charged with the alleged crime. Admitting your guilt can be advantageous in some situations, but doing so is not advised without first consulting with your criminal defense attorney in Camdenton MO.
Misconception #5: Having A Clean Record Prior These Charges Will Work To Your Advantage
In many situations, having a clean criminal record can be a great advantage. Individuals without any marks on their criminal records often face less obstacles when seeking employment or pursuing educational opportunities, for example. However, merely having a clean record does not ensure a favorable outcome to a case in criminal court.
The Criminal Defense Attorneys at PMCW Law Are Here For You!
If you are faced with criminal charges, it is critical that you seek representation from an experienced criminal defense attorney in mid-Missouri as quickly as possible. Remember that you are never required to make any official statements without first consulting with your attorney. If you have more questions about criminal defense at the Lake of the Ozarks, don't hesitate to reach out to the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.
Misconception #1: Police Officers Are Required To Reveal Their Identity If You Ask Them
Some individuals believe that if they ask police officers whether or not they're a law enforcement officer, they are required to answer honestly. However, this often isn't the case. Most officers are allowed to withhold the truth if it will help them make an arrest. The argument that you cannot be held accountable because you did not know they were law enforcement typically will serve as a advantageous defense.
Misconception #2: Your Case Will Automatically Be Dismissed If The Arresting Officer Did Not Read You Your Rights
The Miranda Rights are each citizen's basic rights, such as the right to remain silent and the right to an attorney. Officers often recite these rights to suspects as they are arrested or detained. Because this is such a common practice, some people assume that a case may be voided if the arresting officer fails to read these rights. However, this is not necessarily the case. Until you have talked with your criminal defense attorney at the Lake of the Ozarks, you should assume that your case will not be dismissed merely because your rights were not read to you.
Typically, traffic ticket law is not nearly so simple. Your ticket will often still be considered a valid charge even if it contains a minor error, such as the wrong year for your vehicle or the misspelling of your name. Your ticket could be considered invalid if it contains a major error, however, such as omitting the name of the accused altogether. Your traffic attorney in Camdenton MO will be able to help you determine which errors (if any) may be used to your advantage.
Misconception #4: Your Charges Will Be Lessened If You Confess
Some individuals faced with criminal charges believe that the process will be more favorable if they simply confess to the crimes in question, and that they will be given lighter punishments for being cooperative. However, an outright confession is often one of the quickest ways to subject you to being charged with the alleged crime. Admitting your guilt can be advantageous in some situations, but doing so is not advised without first consulting with your criminal defense attorney in Camdenton MO.
Misconception #5: Having A Clean Record Prior These Charges Will Work To Your Advantage
In many situations, having a clean criminal record can be a great advantage. Individuals without any marks on their criminal records often face less obstacles when seeking employment or pursuing educational opportunities, for example. However, merely having a clean record does not ensure a favorable outcome to a case in criminal court.
The Criminal Defense Attorneys at PMCW Law Are Here For You!
If you are faced with criminal charges, it is critical that you seek representation from an experienced criminal defense attorney in mid-Missouri as quickly as possible. Remember that you are never required to make any official statements without first consulting with your attorney. If you have more questions about criminal defense at the Lake of the Ozarks, don't hesitate to reach out to the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.
We accept Visa, MasterCard, and Discover.
85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020 GET A MAP
(573) 346-7231 - Telephone
(888) 236-2485 - Toll Free
(573) 346-4411 - Fax
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