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Common Misconceptions Regarding the Criminal Process

An Interview with St. Charles Criminal Defense Attorney

The following is an interview with St. Charles criminal defense attorney, Kevin Roach regarding the common misconceptions that people have about being arrested.

Interviewer: As a successful St. Charles criminal defense attorney, you've seen a lot of cases. What would you say are the top misconceptions that people have about being arrested for a crime when they speak to you about a case?

Kevin Roach: Probably the single most common misconception revolves around the Miranda rights. I get this on a regular basis where people will call my office and they will say I wasn't read my Miranda Rights. They are under the impression that the charges should be dismissed. People, there is a lot of confusion regarding the Miranda Warning. People don't understand that if you are pulled over for driving under the influence. Police officers, they have a right to ask you questions. Initial questions without Mirandizing you. They don't have to read you your Miranda Rights until you are taken in and being interrogated. There is kind of a gray area there on that stuff. When and if you are interrogated and if you are actually entitled to your Miranda Warning. That is probably the single most, biggest misconception I see.

Pleading Guilty and Throwing Yourself at the Mercy of the Court is a
Huge Misconception

Another one is people that just think that they should throw themselves at the mercy of the court. They don't think that they have a chance of winning their case. They may have committed a stealing, a charge, a drunk driving charge. They think that they may have confessed already. There may be a significant amount of evidence against them and they think that there's really nothing that can be done with their case. They don't think that retaining an attorney would be beneficial. That is another misconception I see.

Making Statements to the Police in the Absence of an Attorney is
Highly Detrimental to Your Case

Interviewer: How do people unintentionally incriminate themselves? Have you ever seen this as a St. Charles criminal defense attorney?

Kevin Roach: That is a very good question. That is really important for people to know. Probably the single most detrimental thing that people do that damages, which incriminates themselves is they make statements. They make statements, they unknowingly waive their Miranda Rights. They may be taken in and interrogated. They may be the target of an investigation and they make statements to the police officer and basically incriminate themselves. That is probably the single most important thing that people need to understand. They have the right to remain silent and they should tell the police officer that they want to speak with an attorney. That stops all questioning. There is so much damage that could be done as far as your case goes. It can be really detrimental to your defense by making statements to the detective or to the police officer.

Common Mistakes Committed by Clients

Interviewer: What are some mistakes? What are you trying to deter people from doing once you are working with them? What are the do's and don'ts? St. Charles Criminal Defense Attorney

Kevin Roach: I always encourage people, the single most important people can do is be truthful with their attorney. I need to know everything. I need to know if you have past charges. I need to know if you were under investigation for something else or past convictions. I need to know all the details possible regarding the cases that may be pending against you. The more information you provide your attorney, the better equipped he is going to be to defend your case. A lot of times I will see where people are not truthful with their attorney. That is a bad situation to be in because a lot of times you are the last one to know the truth.

Full Disclosure between the Attorney and Client is Imperative to Gain a Favorable Resolution

The prosecutor may know what is going on, the police might know but if your attorney is not being honest with you could really get blindsided when you go to court. I always encourage my clients for full disclosure. I try to have a lengthy consultation with them to try to sit down and go thought the details of every case and do a thorough background history so I know how to properly address the case and mount a defense for them. That is one of the things that I encourage my clients to do and most of the time people are very receptive to that.

Contact a St. Louis Criminal Defense Lawyer Today

Kevin J. roach is a St. Louis DWI defense attorney who has defended thousands of DWI and DUI cases in the St. Louis Metro area. Call us today at (636) 519-0085 or (866) 519-0085 for your Free Consultation!

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