When the police knock on your door, it is essential to know your rights. Unfortunately, many people are misinformed about what happens during an arrest, which can lead to costly mistakes. Distinguishing fact from fiction is crucial when dealing with the criminal justice system.
Myth 1: Police must read you your Miranda rights during an arrest.
You have likely seen countless arrests on TV shows where officers immediately recite the Miranda warning. Police only need to read you these rights before a custodial interrogation. This means they plan to question you about a crime while you are not free to leave.
Myth 2: You can talk your way out of an arrest.
It is natural to want to explain yourself, but prosecutors can use anything you say to the police against you. Maryland law protects your right to remain silent, and exercising that right is often the smartest course of action.
Myth 3: Police can enter your home without a warrant if they suspect criminal activity.
Your home is generally a protected space. Maryland law typically requires police to obtain a warrant before entering your residence to conduct a search or make an arrest. Exceptions exist, but it is best to contact an attorney to determine if there were violations of your rights.
Myth 4: If the police find something illegal, you are automatically guilty.
The discovery of contraband does not automatically guarantee a conviction. Maryland courts examine how the police obtained the evidence. You can challenge the validity of evidence obtained in violation of your Fourth Amendment protection against unreasonable searches and seizures.
Myth 5: You cannot do anything about the charges once arrested.
An arrest is simply the beginning of the legal process, not the end. You have the right to legal representation at every stage.
Defending your rights and freedom is crucial
Misconceptions about arrests can jeopardize your future. When confronted with criminal charges in Maryland, it is best to immediately work with a qualified attorney. Your freedom and rights are too important to leave to chance or misinformation.