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Criminal Law Myths

Criminal Lawyers

Facing a criminal charge may cause individuals to experience fear, anxiety, and overwhelm regarding their upcoming trial and sentencing. If you or a loved one need legal representation regarding a criminal case, contact a Newark criminal lawyer today.  

There seems to be ambiguity surrounding criminal law, and what individuals’ rights are during and after an arrest. The following is intended to demystify these myths and add clarity to arresting situations and criminal law. 

All criminal law cases result in jail time. This statement is false, as experienced criminal law attorneys will explain. Penalties depend very heavily upon the circumstances of the accused’s case. For example, if a person is charged with a misdemeanor and found guilty, the penalty would be less severe, and may not result in jail time. Felonies however are sentenced more harshly and may rule in favor of incarceration. Thankfully, criminal law lawyers understand the legal system and can help their clients navigate through it. Clients typically do not know the ins and outs of their case, and the legal steps needed to get to trial. Rest assured that by hiring knowledgeable attorneys such as those at Rispoli & Borneo P.C. clients are supported, advocated, and cared for every step of the way. Educating their client’s role in their case, and what is expected of them during their trial at court is a vital role for attorneys. 

Criminal lawyers cannot help their clients in reducing their charges. While some case charges may not be able to be reduced, experienced criminal lawyers have been known to be able to reduce charges, and on occasion dismiss the case altogether for their clients. Looking at all possible legal options, criminal attorneys are able to help clients formulate a legal plan that will hopefully benefit their case, and provide the best possible outcome for their client. 

When an individual is questioned by law enforcement, they cannot have the counsel or support of a lawyer. Legal representation during questioning is important and should be utilized. Often, emotions are running high, and individuals being questioned panic under the stress of saying things they shouldn’t, or not being clear in their speech. Having the counsel of a criminal lawyer, and their support can allow the person being questioned to feel empowered, knowing that they cannot be intimidated into saying something they do not mean. 

If arrested, a person must answer his or her arresting officer, and any and all questions they may have regarding the situation. Contrary to this myth, an individual can actually choose to remain quiet during an arrest. The right to remain silent, and not answer questions asked is a right every person has. Silence does not count as evidence of guilt, and will not stand up in a court of law as such. The arresting officer can choose to ask questions that the individual being arrested does not have to answer. Many prefer to stay silent and wait for legal representation rather than speak on their own behalf during the arrest. Contact a criminal lawyer today, and discuss your options during a complimentary consult.