The court of law is a complex entity in the United States, and defendants usually have an overwhelming number of questions when it comes to their criminal case. Though television and movies do a decent job of portraying how the court system works, the reality of it is much different. This sped-up TV version of criminal cases often results in the public misinterpreting how things actually happen.
Because of these misconceptions, the attorneys at Andrew Beasley have put together a few of the most common assumptions defendants have had. Take a closer look at the realities of the situation and how the law actually works, so you can feel better prepared for any legal situation you may encounter.
The Reading of Your Miranda Rights
If you’ve watched any police-centered television show recently, you’ve heard officers read Miranda Rights to those being arrested.
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney, and if you cannot afford one, one will be appointed to you.”
Compared to real-life situations, these depictions are not always accurate. According to the United States Supreme Court, police officers don’t have to read you your Miranda Rights immediately upon arrest. Police are only required to Mirandize a suspect if they intend to interrogate that person under custody—arrests can occur without the Miranda warning being given.
Dropping Charges Against Someone
It’s a common misconception that you can easily drop charges against someone after filing a complaint with law enforcement. Though in some circumstances, this is possible, unfortunately, the decision is up to the prosecution. Each state handles dropping charges differently, but in most states, Tennessee included, the prosecution gets to decide whether to pursue charges or not—regardless of the victim’s wishes to drop charges.
Most citizens view pleading guilty as a sign of guilt, but this is not always true. When a defendant pleads guilty, it’s usually in exchange for a lesser sentence. By pleading guilty, the defendant is waiving their right to a trial, where they may have received a more severe consequence for the crime in question.
Just because the defendant has pled guilty does not mean they are guilty or admitting they committed the crime. In most cases, a guilty plea occurs due to a lack of evidence or unwavering decisions pertaining to a trial.
Refusing a Search
As stated by the Fourth Amendment, you have the right to refuse a police search that is not issued by a warrant. In doing so, you are not admitting to guilt of any kind but simply preserving your rights by requiring a search warrant to be issued.
The police can legally conduct a search without a warrant when certain exemptions apply. For example, if an individual freely and voluntarily agrees to a search of his or her property, the police can search the property without a warrant.
Andrew Beasley is Dedicated to Defending Your Rights
At Andrew Beasley, we are here to defend your rights and freedoms to the fullest extent of the law. Each of our attorneys specializes in criminal defense and has a comprehensive understanding of the criminal justice system.
Whether you have just been arrested or wish to know your rights for the future, the attorneys at Andrew Beasley can clear up any common misconceptions you may have heard. We’ll walk you through the legal process and provide valuable guidance and support in any way possible.
Begin Building Your Defense Today
No case is created equal, and at Andrew Beasley, we treat each criminal case with attention and care. We offer free case reviews and consultations to ensure you’re content with your decision to hire one of our attorneys. We’ll discuss your case in detail, explain our plan to move forward, and walk you through the process every step of the way. Contact us today to set up an appointment, or call us at (615) 437-2559 to gain insight into your rights.