No one goes to college expecting to face a criminal charge. Being charged with a felony or misdemeanor as a University of Alabama student is something that could affect your future substantially, especially if the criminal charge is not dealt with correctly. Being kicked out of school, losing your scholarship, driver’s license, and facing fines/jail time are all possibilities.
It’s important to remember that you have rights and wrongs can be corrected. It’s also important to not fall for myths and misconceptions that have been spread as rumors and ignorance of the law and the legal system. Between social media, the internet, and the ever-changing nature of law, certain ‘facts’ surrounding arrests are in fact false.
Don’t face criminal accusations and charges by yourself! Even the most minor offense should be consulted with an attorney knowledgeable in criminal law. Avoiding the worst consequences and fighting charges is what you need to focus on. You have legal options and constitutionally guaranteed rights. It’s important to contact a criminal defense attorney who knows how to best represent you. Acting quickly is crucial so don’t hesitate to contact us today. Learn more about Tuscaloosa Attorney Travis Juneau by clicking here.
Myths Surrounding Arrests and Charges in Alabama
Myth #1: My case will be dropped if I wasn’t read my Miranda Rights.
This is not true! There are many misconceptions surrounding Miranda Rights. The biggest myth is that a case will simply be dropped if you are not read your Miranda Rights by the police during an arrest. If you are arrested and the police do not read to you your Miranda Rights the case will not be dismissed or dropped. Police normally state these rights so that you are made aware that ANYTHING you say can and WILL be used against you. Your Miranda rights apply only to “custodial interrogation,” if you are not in custody or the police aren’t asking questions then there is nothing saying that the police must read you your rights. That’s why remaining silent until you speak to your attorney is so important. An additional misconception is that evidence will also be dropped if you were not Mirandized. This is not usually true. In fact, it is very rare that physical evidence is suppressed due to an illegal interrogation.
Myth #2: I wasn’t being arrested therefore I can’t be charged with resisting arrest…
If you are at a party or at a bar and your friend or someone you are with is arrested for possession of an illegal substance. You might think to yourself that you will not be arrested, however, that is not the case. The same issue can arise if you are the driver of a car and your friend is drinking or is in possession of drugs. A common case that’s seen is being arrested for resisting arrest. It’s a misconception that in order to be arrested for resisting arrest the officer or law enforcement agent needs to arrest you in connection to a crime you committed or tried to commit. This is false. Resisting arrest can be a charge on its own. Importantly, you can be arrested for resisting someone else’s arrest.
Myth #3: I have nothing to hide so I’ll consent to a search
You should always defend your constitutionally protected rights. If you have been pulled over, if you are on the street, or if you have police at your door, you do not need to consent to a search and, doing so can damage your defense after the fact. In almost every circumstance you should not consent to a search. Even if you have nothing to hide, demanding that police have a warrant is something you should do. Once consent is given for officers to search, they don’t need any form of probable cause or reasonable suspicion and anything that is found is going to be used against you. In this situation, the officers are not your friends.
Protect yourself and know your rights!
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Contact the law offices of Travis Juneau at (205) 737-4696 or by clicking here. We represent clients in Tuscaloosa and throughout Western and Central Alabama, including Alabama students.