When it comes to DUI and criminal law, misconceptions abound. Here at Virtuoso Criminal and DUI Lawyers, we understand that misinformation can lead to confusion and misguided decisions. In this blog post, we will explore three commonly held beliefs pertaining to DUI and criminal law, examining their validity and offering accurate information to help you make informed choices.
- Miranda Rights and Case Dismissal
Misconception: If the police did not read me my Miranda rights, my case will be dismissed.
Truth: The absence of Miranda warnings does not automatically lead to case dismissal. Miranda rights are relevant only in situations involving custodial interrogation. The courts have ruled that one is in custody under specific circumstances, and an interrogation generally involves questions designed to elicit an incriminating response.
Miranda rights need not be read if you are not in custody, such as during roadside questioning in DUI investigations. Custody is determined on a case-by-case basis, so consult with a lawyer to understand how this applies to your situation.
- Arrest Records and Case Dismissal
Misconception: If my case is dismissed, the arrest will be removed from my record.
Truth: Dismissed cases do not guarantee the removal of an arrest record. An arrest is distinct from a conviction. Even if you have been arrested and not convicted, the arrest may remain on your record. This can have negative consequences for your employment prospects, among other aspects of your life.
In California, it is possible to seal and destroy the arrest record if no case has been filed and the statute of limitations has passed. If you find yourself in this situation, contact a qualified lawyer immediately to explore your options.
- Public Defender Entitlement
Misconception: I am always entitled to use a public defender as my attorney in court.
Truth: Public defender services are not universally available to all. Each public defender’s office has different qualifications regarding income and assets, which determine eligibility for their services.
In some cases, you may not know whether you qualify for a public defender until your first court date. However, waiting until then may be risky, particularly if you are facing a serious offense. Contacting a qualified attorney as soon as possible can help ensure you receive timely legal guidance and support.
As you can see, misconceptions about DUI and criminal law can significantly impact your decisions and understanding of your rights. By staying informed and consulting with experienced legal professionals, you can navigate the complexities of the legal system with confidence. If you have any questions or concerns, please do not hesitate to contact us at Virtuoso Criminal and DUI Lawyers. We are here to provide guidance and support in your time of need.
Remember, the key to a strong defense is knowledge. By dispelling these common misconceptions, we empower you to make informed choices and ensure the best possible outcome for your case.