What may seem legal or logical on the outside may be the complete opposite of the truth. Sometimes, there are more to local or federal laws than you know. Here are 5 of the most common misconceptions we've seen with our own clients.
1. I'm pleading guilty, so I don't need an attorney.
This could be a terrible mistake. Even if you're guilty, an experienced attorney can work with you to obtain a reasonable plea bargain.
Always consult with a defense attorney before making your move. You want to assess your options that may be available to you.
Always consult with a defense attorney before making your move. You want to assess your options that may be available to you.
2. I can't be charged with DUI if I'm under the legal Blood Alcohol Content (BAC) limit.
Even if you are under the BAC limit (.08%), it is state law that you can still be charged with DUI if you are impaired (not able to function properly behind the wheel) by the effects of alcohol or drugs.
3. I can't be tried more than once for the same crime.
Regarding Double Jeopardy, the Fifth Amendment does state that no person can be "subject for the same offence to be twice put in jeopardy of life or limb." This of course means that you could basically plead a former conviction or acquittal to the same offense and have the charges completely dismissed.
But the Double Jeopardy Clause does not prohibit a federal prosecution after a state prosecution and vice versa.
Also, Double Jeopardy does not firmly prohibit retrials. For example, Heritage.org states that the "clause is no bar to a new trial when the defendant successfully appeals his conviction, but a successful appeal of a lesser charge (manslaughter) by a defendant precludes a retrial on a greater charge (murder)."
But the Double Jeopardy Clause does not prohibit a federal prosecution after a state prosecution and vice versa.
Also, Double Jeopardy does not firmly prohibit retrials. For example, Heritage.org states that the "clause is no bar to a new trial when the defendant successfully appeals his conviction, but a successful appeal of a lesser charge (manslaughter) by a defendant precludes a retrial on a greater charge (murder)."
4. If an officer doesn't read me my rights, I can't be convicted of the crime.
A police officer's failure to read you your Miranda rights doesn’t mean you can't be convicted of the crime. Even though the judge may not consider any of the statements the arresting officer made as evidence, remember that there could still be alternative evidence that points you to the crime.
5. I can't be charged with DUI on private property.
Yes you can. No matter where your vehicle is, police have the authority to investigate if there is suspicion that the driver is under the influence of drugs or alcohol. These areas include home driveways, stadium parking lots, golf courses, dirt roads, and even bar parking lots.
