Misconceptions about Arrest
by
Kim T. Stephens on May. 23, 2017
Criminal Criminal Felony Criminal Misdemeanor
Summary: Three misconceptions about being arrested.
misconceptions about arrests
1. MYTH: If
the police don’t read me my Miranda rights, my case will
automatically be thrown out or dismissed.
TRUTH: The police are not required to advise a
person of their Miranda rights, i.e.
the right to remain silent and the right to have an attorney present, until a
person has been detained or arrested. If
the police fail to tell you your Miranda rights following a custodial arrest,
any statements you make in response to police questioning or interrogation
might be excluded from use at trial but the case is not likely to be thrown out
or dismissed.
2. MYTH: If my friend has
marijuana/cocaine/prescription pain pills/ecstasy/or any illegal drugs, in my
car or house, I can’t be arrested or charged by the police with possession
since it isn’t mine.
TRUTH: In Georgia, you can and are likely to be
charged with possession of illegal drugs if drugs are found in your car, house
or in close proximity to you, even if the drugs belong to your friend. I represented a young female college student
who was an honor student with close to a 4.0 GPA in the recent past who was a
guest at a parent/student fraternity social at the Athens Classic Center. Her date, a good friend of hers, was approached
by the police and arrested for cocaine possession after an officer serving as a
security guard saw him snorting a white powder.
Our client was also arrested based solely on the fact that she was
standing beside her date at the time.
Even worse, the local newspaper put the young lady’s picture on the
front page with a headline announcing she had been arrested for possession of
cocaine. After investigating the case,
attorney Kim T. Stephens convinced the prosecutors in the District Attorney’s
Office to dismiss all charges against the young lady but the emotional trauma
and expense of simply being charged was extraordinarily difficult on her and
her family.
3. MYTH: I (or my son or daughter) will never be
arrested because I am a good person and would never violate the law.
FACT: Almost all of my clients are good
people. Some of my clients are falsely
accused. Some people have done something
that violates a law but the police and prosecutors have over-charged or
inflated the charges to be bigger than they should be. Some people have simply made bad decisions or
found themselves in unfortunate circumstances.
At Stephens & Brown, we begin each case believing our clients are
good people and treat them with respect throughout our representation. We seek to achieve the very best possible
result in each case.
