Hopefully, you will never be arrested, but it is wise to know these three things that many individuals do not know about criminal law. Some people do not understand these things because they base their views on the law on fictitious television programs or statements made from laypersons. A criminal defense lawyer is a good resource to use if you are ever charged with a crime. In the meantime, ensure you understand these three critical facts about criminal law.
Victims can decide whether or not to press charges.
Some crimes do not permit victims to make a decision about whether or not accused individuals will be charged. These are generally crimes that are violent in nature. For example, a battery or sexual assault victim will likely not be allowed to make a decision about whether or not to press charges. The prosecution can elect to try the case without victim testimony if there is a preponderance of evidence available. If there is a matter such as a parent finding out that their child used their credit card without permission, the parent might decide not to take criminal action and pay the debt. However, if the credit card issuer files charges, they likely will want to continue with the legal matter.
Accused individuals must be read their Miranda Rights.
You will not get off scot-free for charges simply because you were not read your rights. The court may deem that any statements given prior to Mirandizing cannot be used as evidence against you. Chances are prosecutors will still try to pursue cases when they have other evidence available. For example, some people make the mistake of going to jail and confessing crimes to other incarcerated individuals. These individuals sometimes seek plea deals or other favors in exchange for testimony. What you say to other inmates is not protected information, but a criminal defense lawyer could raise reasonable doubt about their credibility and motive. The best protection against creating questionable circumstances and making it harder for a defense attorney to defend you is to remain silent regardless of whether you are read your Miranda Rights. Avoid discussing your charges with inmates and jail personnel as well.
Searches without a warrant or consent cannot be used as evidence.
Some instances do not require authorities to have warrants to proceed with searches. In emergency situations, authorities must exercise good faith in executing searches when consent has not been given. For example, an alleged kidnapper might refuse to let authorities enter their property, but if someone else saw the child enter the residence, authorities could make a judgment call to enter the residence due to interest in the safety of the child. Authorities might also intervene without consent if attempts are being made to destroy items of evidentiary value such as drugs or weapons.
Share19 October 2016
