People’s perceptions of the criminal justice system in the modern world frequently arise from viewing films and television shows. Unfortunately, the representation of the criminal justice system in films and television shows is not entirely realistic.
Understanding the functioning of the criminal justice system is vital if you or a loved one has been detained or accused of a crime. Therefore, contacting Oklahoma City Criminal Defense Attorneys is essential if you get into trouble with criminal cases.
Common myths about criminal cases
We frequently come across the following myths and misunderstandings about the criminal justice system from people:
The Constitution guarantees the Right to a Phone Call to Everyone.
Contrary to widespread misconception, the U.S. Constitution does not expressly mandate a call following an arrest. Despite this, many jurisdictions let those arrested make a phone call. The issue with making a phone call after being arrested is that you might compromise yourself since the policeman will almost certainly write down the name and phone number of the person you are calling or may even overhear your talk.
You will not face prosecution for the same crime twice.
The so-called “double jeopardy” law prohibits the government from bringing criminal cases against the same person twice. There are a few exceptions to the general rule, though:
- The Fifth Amendment’s protections only apply if you have been found guilty or cleared of a particular offense;
- In a state or federal court, you might still be prosecuted, found guilty, and sentenced for an underlying offense; and
- Due to the fact that they can accuse you of both the primary offense and the conspiracy to commit it, the prosecution may have a second chance to succeed in getting you convicted.
Evidence and Cases Are Processed Quickly
People think that the criminal justice system operates predictably. But you should not often count on the system to respond quickly. It’s commonly believed that evidence presented in a criminal prosecution may be evaluated quickly. However, the processing period may take many weeks or even months because of a backlog of evidence.
Unless the police read your Miranda rights, your case will be dismissed.
There is no doubt that TV series, films, and social media have helped many individuals learn more about their constitutional rights. However, not everything you read or hear online is accurate. In the real world, simply because the police officer failed to give you your Miranda rights does not mean your case will be dropped.