From watching movies to seeing incidents on the street, the average citizen may believe they have a decent understanding of the arrest process. However, many of these assumed facts are common misconceptions, carried on by word of mouth and on-screen fiction. If you’re interested in learning the truth behind these myths through the eyes of a defense attorney, take a look at the list below.

3 Misconceptions People Have About Being Arrested

1. Someone Needs to Press Charges

Just because an individual or group doesn’t want to press charges against you, it doesn’t mean you won’t be convicted of a crime. This decision is up to the prosecutor, not the affected party or citizen. On the other hand, citizens can’t press criminal charges without the go-ahead from a prosecutor—in the end, they have the final say.

2. The Police Must Read Your Rights Aloud

While the reading of an alleged criminal’s Miranda rights is almost always included in legal TV dramas, it’s not always a reality in real life. In fact, many people believe that if you aren’t read the rights mandated by Miranda v. Arizona, your case will be dismissed. The police are only obligated to read you these rights after they’ve taken you into custody and if they plan to question you. In many cases, the police may try to ask you questions before taking you into custody, at which point they do not need to read your rights and you are free to go.

3. Entrapment Includes Any Deceptive Action By the Police

If you can prove the police forced you to commit a crime, you can use the entrapment defense, and your conviction will no longer stand. However, entrapment is a lot more specific a situation than many people realize. For example, the police could legally lie or trick you into committing a crime, such as by using an undercover officer or informant to ask you to sell them drugs. If you willingly committed the crime, you can’t prove entrapment—only if they begged, insisted, or made up stories to convince you it was the sole option.

If you were arrested or charged for a crime and are looking for a defense attorney, turn to The Law Office of Gregory G. St. John, LLC in Waterbury, CT. They have over 40 years of experience working on criminal and DUI charges, and they will fight for your best interests with persistence. In addition to criminal charges, they also work in family law. To schedule a free consultation with this local defense attorney, call (203) 759-0240, and visit the website to learn more about their practice areas.