Most people never anticipate that they'll find themselves in a situation where they're detained, questioned, and arrested by police. However, one study has found that one third of Americans are arrested by the time they reach at the age of 23. With this statistic in mind, all adults should make themselves aware of the rights they do and don't have when they're arrested. Furthermore, there are a few commonly perpetuated myths about being arrested that need to be debunked.
Myth 1: Miranda Rights Always Need to Be Read
Perhaps the most widespread myth that many Americans believe about getting arrested is that if a police officer doesn't read you your Miranda Rights, your case will automatically be thrown out. In reality, there are many situations in which an officer has no legal obligation to read you your Miranda Rights, such as a situation where you aren't being questioned. Really, unless the police decide to sit you down for questioning, there's no need to read you any rights, since those only protect you against self-incrimination.
Even in a case where you should have been read your rights and weren't, you'll still most likely be prosecuted for the crime you committed.
Myth 2: You Have the Right to a Phone Call
Furthermore, understand that there's nothing in the constitution or any other written law that states you have the right to make a phone call if you're arrested. In fact, this is an act of decency and a privilege offered by most jails, but officers have the right to deny you a phone call at any time.
Denial of a phone call is quite common among those who are acting disorderly when brought to jail, or those who came in drunk or under the influence of drugs/alcohol. In such situations, the arrested person may have to wait until he or she has calmed down or sobered up before being allowed a phone call.
Myth 3: You'll Be Released Quickly if You Don't Have a Record
Finally, even if you've never been arrested before in your life, you'll still be treated the same as everybody else when you're brought to jail. You won't get out any sooner, and your bail amount will likely be the same as a person with a record who's been arrested for the same crime. That's because bail amounts are typically set based on the arresting charge and not the person's criminal record.
To learn more, contact a company like All Night & Day Bailbonds with any questions you have.