What seems logical or legal at first may be untruthful or illegal, and federal and local laws can be more complex than most clients realize. Below are several misconceptions a criminal defense lawyer in Auburn may see with their own clients.
A Guilty Plea Means There’s No Need for a Lawyer
Failing to hire an attorney can be a serious mistake. Even if a client is guilty of a crime, a lawyer can work with them and the prosecutor to get a fair plea bargain. Before a defendant makes a move, they should consult a defense lawyer with Yoder & Kraus who can help them assess their options and protect their rights.
If Under the Legal BAC Limit, Criminal Charges Can’t Follow
Even if a driver is beneath the BAC limit of .08%, state law stipulates that they can still face DUI charges if impaired by the effects of drugs or alcohol.
It’s Impossible to Be Tried Twice for One Offense
Concerning double jeopardy, the Fifth Amendment to the US Constitution states that no one can be put in jeopardy of limb or life twice for one offense. However, the clause does not prohibit federal prosecutors from pursuing charges after the state is finished, and the reverse also applies.
An Offender Cannot Be Convicted If They Are Not Read Their Miranda Rights
An officer’s failure to give a Miranda warning does not mean a conviction cannot occur. Even if a judge does not consider the officer’s statements as evidence, clients should consider that other evidence may incriminate them.
DUI Charges Can’t Be Filed on Private Property
False. Regardless of where an offender’s vehicle is located, police can investigate if there’s a suspicion the driver is operating under the influence of alcohol or drugs. Private property includes parking lots, golf courses, dirt roads, and even a client’s driveway.
While most clients are somewhat aware of the law, others continue to believe in these and other misconceptions. Holding these beliefs can be dangerous, especially when a client’s freedom is at stake. For those facing criminal charges, a criminal defense lawyer in Auburn can provide legal advice and protection of interests.