Last Updated on September 19, 2024
Many shows, books, and movies depict the legal system, but because writers need to be concerned with conciseness and ratings, they often fall back on common misconceptions. Unfortunately, when myths spread enough, the public starts to accept them as accurate, but no matter how much people believe these ideas, it doesn’t change how the criminal justice system operates. Here are some of the most common myths about criminal law and the truths behind them.
Myth #1: If You Ask Someone if They Are a Cop, They Have to Tell You
Many people claim that if the officer doesn’t tell you they’re a cop, it is considered entrapment. Could you imagine a world where this was true? Any time a criminal considered planning anything illegal, they’d just have to ask if everyone involved was a police officer or not. It would be impossible for police to do any undercover work at all.
In reality, police can lie both while undercover and whenever they feel it could help them investigate a crime. Police who are undercover can even violate the law to maintain their cover, which may be surprising, but this is a practical way to protect their identities. Without this legal flexibility, criminals could just ask everyone to violate a minor law in order to figure out if someone was a cop or not.
Myth #2: The Best Way to Avoid a Sure-Fire Guilty Verdict is to Plead Insanity
Letting people get away with crimes simply because they are mentally unstable would do nothing but fill the streets with the criminally insane. While the insanity defense is very real, it is used in less than 1% of all criminal cases because it is so rarely successful. When it does work, the defendant usually must go to a mental health facility. Because their psychologists decide their release date, they typically spend more time in the facility than they would have behind bars had they not pleaded insanity.
Myth #3: Your Case Will be Dismissed If No One Read You Your Miranda Rights
On television, everyone who gets arrested is automatically read their Miranda Rights. If they aren’t, their lawyers quickly get the whole case thrown out based solely on that fact. In actuality, Miranda Rights apply only to forced interrogations, not arrests. If the police do not question you after arresting you, they have no reason to Mirandize you.
They can ask you whatever they want without reading your Miranda Rights if they aren’t arresting you. Always refuse to speak to the police without your attorneys present, even when police are trying to casually question you. If the police ask you questions, ask if you are under arrest or free to leave. If they say you are under arrest, invoke your right to silence and ask to speak to your defense lawyer immediately. If you are free to leave, do so.
A common example occurs in DUI stops, when the police commonly ask questions about the driver’s drinking. These questions are considered “investigatory” and, therefore, not subject to Miranda warnings.
Even if the police fail to read you your Miranda Rights before interrogating you when you are arrested, your criminal attorney probably won’t be able to get your case thrown out of court. Instead, he will likely only be able to have statements you made during that interrogation withheld from the trial.
Myth #4: If You Don’t Cooperate With the Police, You Can be Charged With Obstruction of Justice
This legal myth is so pervasive we actually wrote a whole article about it. You are never legally required to answer police questions beyond those involving your identity. If the police try to question you, even as a potential witness, refuse to answer their questions until you have a criminal defense lawyer present.
On the other hand, you should never lie to the police. Obstruction of justice charges are used against those who get in the way of an investigation, not just those who refuse to assist an investigation. Conversely, lying can be considered obstruction of justice if it could make it more difficult for officers to solve a crime.
Myth #5: When You’re Arrested, You Get One Phone Call
It sounds cool to talk about someone’s “one phone call,” but in reality, police will generally let you make multiple phone calls to put your affairs in order after you have been arrested. You should use one of these calls to contact your defense attorney, but other calls can be to friends or family members to arrange bail, say you won’t be coming home, or even to make sure someone takes care of your pets while you are detained.
Calling attorneys, friends, and family members is not a guaranteed right under the Constitution, and these calls are not provided at a particular time during your arrest. In some cases, the police will not let you make a call until after you have been processed. In other cases, they will wait until you’re being questioned and demand a lawyer. Sometimes you can make a call as soon as you are brought in.
If you have an emergency situation, like needing to pick a child up from school or providing someone with medication, you can generally inform the arresting officers of your circumstances and they will usually allow you to make the necessary calls to address the problem. In many cases, it can help to inform the officers that you want to speak to your lawyer as soon as you are arrested.
Myth #6: Forensics are the Best Way to Solve Crimes
There are so many myths about the role of forensic sciences in the criminal justice system that we’ve already featured an article based solely on busting those misconceptions. While we urge you to read the whole article, the biggest takeaways are that forensic science isn’t foolproof, fingerprints are a problematic form of identification, and forensics can help the defense just as much as it can help the prosecution.
Myth #7: Someone Must Press Charges
In movies and tv shows, it sounds good to have the victim of a crime say whether or not they want to press charges, but the reality is that it is not up to them. In reality, deciding whether to press charges is totally up to the District Attorney, who may consider the victim’s wishes, but is not require to do so.
This issue commonly comes up in domestic violence cases, where the department’s policy is to typically press charges, even if the victim immediately recants their statement. The District Attorney will consider a non-cooperative victim though, especially if the evidence is weak or uncorroborated.
Myth #8: Without a Warrant, Evidence is Inadmissible
This myth does have some truth to it, as a lawyer can often have evidence withheld from trial if the police blatantly violated their client’s rights by performing an illegal search. Unfortunately, the rules about what requires a warrant and what doesn’t are extremely complex. There are many exceptions to warrant laws, so if something is in plain sight, if you give police permission to look inside your property, or if police believe there are exigent circumstances requiring them to take immediate action, they do not need a warrant. Similarly, police do not need a warrant to search your car, unless it is parked in the driveway or garage of your home. The bottom line is that many cases involving potential rights violations fall into a legal gray area, and it is up to the defense attorney to convince the judge that the evidence should not be able to be legally used against their client. But if the defendant’s criminal lawyer doesn’t question the admissibility of evidence, it will still be used.
Myth #9: Most Cases go to Trial
Thanks to movies and television, people envision criminal charges always resulting in someone going to court. But while showing a District Attorney and a defense lawyer debate one another isn’t as interesting as a big trial with surprise witnesses, only 2% of cases in California end in trials —the rest end in plea bargains.
Myth #10: Spouses Cannot Testify Against Each Other
We already discussed spousal privilege in detail, but the bottom line is that while a person cannot be forced to testify against their spouse, they may choose to. Additionally, while the spouse cannot divulge confidential communications between themselves and the defendant, the defendant can waive that right and allow their spouse to do so.
If you have been arrested for any crime or have any questions about the realities of criminal justice myths you may have seen on TV, Peter M. Liss can help. Please contact his offices at (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation.
