Your Rights During the New Haven Arrest Process
If a person has been arrested, or is facing arrest, it is important for them to aware of their legal rights in that situation.
Many people think that if they are not Mirandized or they are not read their rights as they commonly see on TV, that that means that the case will be completely thrown out. Unfortunately, that is not how it works. If a person gives a statement that is later going to be used against them and they were not Mirandized, in that case, a New Haven criminal defense lawyer can file a motion to suppress those statements.
Those statements very well may be a key piece of evidence against the individual, but it may not be the only evidence. Miranda Rights really only apply to statements that are given. It does not mean they have to throw out the case, but it may be a legal mechanism to suppress the statement. Again, it does not mean that the whole case gets completely thrown out of court.
Common Mistakes to Avoid
The biggest mistake that people make during the New Haven arrest process is that they think they can explain their way out of an arrest, they can just tell their version of events and the police will believe them and drop the charges and they won’t even be arrested. It is actually very advisable for the arrested individual not to make any statements, particularly without consulting with a lawyer first.
Many times people will think that they are simply providing their version of events and that they are not giving any incriminating information, but they do not know the information that the police have, they do not know exactly what the police are investigating, and they do not know what evidence they claim to have.
Furthermore, the individual may very well may admit to a crime that they just do not know is a crime. Speaking with the police and trying to explain their way out of an arrest is typically a very big mistake.
In some cases, it might be advisable for an individual to give a statement, but that should be done only after speaking with an attorney who has had the ability to review the case and explain their rights so that the individual can make an informed decision.
Failing to Hire a Lawyer
An additional related mistake that many people make is not hiring a lawyer. They think they can handle the situation on their own, that they do not need a lawyer, or that it is not too serious, it is just a little misdemeanor. That is a huge mistake.
Any criminal arrest carries significant penalties, including incarceration, and it is something that anyone who is arrested even for misdemeanor charges should take very seriously. A person facing criminal charges should hire a lawyer so that they understand their rights, they know what their options are, and they can ensure that it is taken care of properly and with the best possible outcome at the end of the day.
Rights When Approached by the Police
When the police officers arrive at an individual’s door, they do not have to answer questions, they do not have to let them in the house, and they do not have to speak with them. The individual has the ability to remain silent, and request a lawyer. It is a fine line because an individual also cannot interfere with police officers.