An arrest is often a surprising experience. Particularly in cases where people face accusations based on misidentification or other errors, a negative interaction with law enforcement can leave people frightened and unsure of what to do.
All too often, people who get arrested make the same mistake. They may be aware of their basic rights during and after an arrest, but they may fail to make use of those rights. Instead of seeking to protect themselves as much as possible, they give up their rights and sometimes put themselves in a very difficult legal position.
What common mistake can make it much more difficult for someone to successfully fight back against criminal allegations?
People give up their right to remain silent
For decades, police officers have had to officially notify individuals that they intend to question about both their right to remain silent and their rights to legal representation. Even though people often know their basic Miranda rights, they may fail to assert them during an encounter with the police because they think they can exonerate themselves.
People often believe that by talking to police officers and getting to know them, they can convince officers that they clearly would not have committed a crime. They sometimes also hope that they can provide a compelling explanation for something that might have seemed to implicate them in a criminal situation.
Unfortunately, police officers and prosecutors can take anything that someone says while in state custody and twist it to use that information against that person. They might ask someone providing exculpatory information to repeat details so many times that an individual becomes frustrated and demonstrates a temper or contradicts themselves.
People without proper representation during interactions with police officers may overestimate their charisma or ability to convince police officers to change their perspectives. People who give up their right to remain silent often think that doing so should work out to their benefit, only to end up giving the state more evidence to use against them.
Police officers are often legally required warn people about their right to remain silent because it is crucial for the protection of an individual’s rights. Learning about the mistakes that affect criminal defense options may benefit those recently arrested or who are under investigation for involvement in criminal activity. Those who know and use their rights are in a better position to mount a successful defense when facing criminal charges.