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If you or a loved one has been arrested for a crime, there's a good chance you'll need a criminal defense attorney. They help clients navigate the confusing process of the legal system and advocate on your behalf. If you have never been charged with a crime—or even if you have—you may have many misconceptions about the process. The information below will clear up some of the most common.

What Are a Few Common Myths About the Criminal Defense Process?

1. You Have a Right to a Phone Call

TV and movies have led many people to believe that, upon arrest, they have a right to make a phone call. However, although it is common practice to allow people in custody to call an attorney or a family member, police have no legal mandate under the Constitution to do so. Eleven states do have laws that mandate this, however, but Missouri is not one of them.

2. Spouses Can't Testify Against Each Other

criminal defenseThe truth is that people can testify against their spouse, and it happens all of the time. The rule is that a witness cannot be compelled by the court to testify against their spouse. Normally, refusal to testify could result in a witness being held in contempt of court, which could land them in jail until they comply. This is not the case for a witness who refuses to testify against their husband or wife. 

3. Police Must Admit They Are Police if You Ask

This is another entertainment trope that has no basis in fact. Police are under no obligation to admit they are undercover, even if you ask them. Such a rule could put them in jeopardy and makes little sense if they are in that position.

 

To discuss your case with an experienced criminal defense attorney, contact Coyne, Cundiff & Hillemann, P.C. in Lake St Louis, MO. They serve clients throughout St. Charles County and the Greater St. Louis area and bring 117 years of collective legal experience to your case. In addition to criminal defense, they also specialize in family, divorce, child custody, workers’ compensation, and personal injury law cases. Visit their website to read what their clients have to say about them, or call (636) 561-5599 to schedule a consultation.

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