After working for over 30 years as a prosecutor and Public Defender, I’ll show you myths about being arrested.

1.  Being arrested means you have a right to make a phone call to your loved one.

It’s seen in the movies.  Why?  It’s a dramatic point.  But not in real life.  There’s no constitutional or procedural right to make any calls.  Besides, modern jails probably don’t have land-line phones any more!

2.  Being arrested without your Miranda rights.

It’s known as the Miranda warnings: the right to remain silent, the right to a lawyer, etc.  Just being arrested doesn’t mean the police must read these to you under all circumstances.

For instance, you must be in police custody.  They must have focused on you as the main suspect.

But what if the police really violate your rights by failure to warn you?  Does you case get tossed?  Not necessarily.  It means any confession you’ve given will be thrown-out.  But if there’s other evidence of your guilt, the prosecutor may still go after you.

3.  After being arrested, if you don’t have a prior record, you’ll get out quickly.

Most courts today have a form they use to evaluate a person for release.  A clerk will read the form to you.  He’ll check off boxes to questions like: are you a homeowner?  How long?  Are you working?  How long?  Are you married?  Any prior record?

Based on your answers, the clerk adds up your score.  And based on the score, the judge will make a decision to release you or not.

4.  The police discriminated against you when you were arrested.

Unfortunately, bad police practices persist against many people.  Your case probably won’t be thrown out as a result.  Look at the Rodney King case or O.J. Simpson. Both claimed discrimination but they still had to go through a trial.  Discriminatory treatment is not a defense to a criminal charge.  So, what can you do?  You can sue the police department for a violation of your civil rights.  Get them where it hurts most—money!

5.  While you were being arrested, the police beat you up.

Refer to #4.  Some police are “thumpers.”  It’s also not a defense to a criminal charge.  Your recourse is to sue them for the same reasons as #4.  See Rodney King get beat.  http://www.youtube.com/watch?v=SW1ZDIXiuS4

6.  You should be honest and tell the police what you did.

“The cops told me if I cooperated, it’d be easier for me.”  I hear it all the time. It’s true up to a point.  You should do what the police tell you. Don’t argue with them, don’t try to escape or fight them.  But keep you mouth shut.  Remember the Miranda warning:  Whatever you say may be used against you in court.

7.  After being arrested for no reason, I’ll tell the judge who will agree.

Sorry—no one cares much except, maybe, your kids. The judge has limited powers to do anything about your case anyway.  Better for your lawyer to talk with the prosecutor and who knows?  The prosecutor may understand the injustice and give you a break!