If you are not a lawyer or an attorney who belongs to the top in Rochester, the justice system can be confusing and complicated for you. Because of this, you may think that assumptions are facts, which can lead to serious issues when you have an encounter with the law. To ensure you don’t make a situation with the authorities worse, it’s important to know the truths about criminal law in Rochester, NY. These truths include the following:
You Do Not Need to be Caught in the Act to be Arrested
Often, an arrest for a criminal offense is based on eyewitness testimony. Statements of those who saw the events are usually compelling evidence. The authorities can piece together testimonies from witnesses to come up with a factual conclusion. Also, to identify suspects, they will get DNA and fingerprint samples. When probable cause is found, the authorities can arrest a person in public, even without a warrant.
A Phone Call is Not a Given Right after an Arrest
Generally, if a person is arrested, they don’t have a recognized right to make a phone call. The authorities will only state the reason for bringing the person in, show a warrant, and present a detainee to a court when possible. Such requirements don’t impose an obligation on the police to let an arrested person make a phone call.
The Miranda Rights can be Read Later
Every person has the right to remain silent and speak to a criminal defense lawyer. However, the authorities only need to inform them about this once they are in custody.
You Can Decline to Answer Questions When Pulled Over
If an officer pulls you over, you don’t need to answer their questions. Remember that you have the right to remain silent and speak to an attorney. Also, during this type of encounter with the authorities, you should ask if you are free to go. If so, make sure to lease politely.
Not All Cases End Up in Trial
Criminal trials are depicted in the news and entertainment media differently. They try to show that all cases go to trial. This is the reason a lot of people think this is how it works. However, the truth says otherwise. Most criminal cases are resolved through plea bargain agreements made between the prosecution and the defense. If both parties agree, the case gets dismissed right away without going to trial.