Media and rumors about the law and lawyers have circulated over time, leaving some people confused about specific legal processes. There are certainly some crazy laws out there but some of the more commonplace legal myths are simply not true. We at Lebaron & Jensen feel that it is important for individuals to understand the legal fundamentals in order to protect themselves in different situations and avoid legal problems. Continue reading to learn about several legal myths that may help you in your day-to-day activities. 

Legal Myth #1: The Constitutional Right To Make A Phone Call When Arrested

One of the most commonly played out jail or prison scenes in TV shows or movies is when an individual makes their one call to a family member, spouse, or friend. However, because the Bill of Rights was drafted before the telephone was invented, it is NOT a constitutional right for people to be able to use the phone when arrested. 

There are some states that have implemented a law to allow people to communicate with counsel after being arrested, which often requires a phone. In other states, there are laws allowing folks who have been arrested to make a local call. However, that does not mean that there is a federal, constitutional right to make a phone call. 

We at Lebaron & Jensen practice in Utah, Idaho, Wyoming, and Colorado. In Utah, there is no right to a phone call specified. There is also no call specified in Idaho, but an attorney may visit an arrested person by request. In Wyoming, individuals can make a local phone call, and the police will listen if you speak to an attorney. Lastly, Colorado allows individuals to make a reasonable number of calls after being transferred to a police station.

Legal Myth #2: The Police Must Always Read Your Miranda Rights

The Miranda vs. Arizona case in the 1960s ruled that when an individual is arrested, they must be read their rights to not self-incriminate and to an attorney. However, there is a misconception that the police must always read these rights when there is an encounter with the police. This is incorrect. The police are only lawfully required to read your Miranda rights to an individual if they are arrested and they intend to question them. If you are simply arrested and they have no intention to interrogate you or you do not get arrested, the police do not have to read your Miranda rights.

Legal Myth #3: Family Members Cannot Testify Against You

The myth that a family member or a spouse cannot testify against you is completely untrue. If your spouse or a family member decides that they want to testify against you, they are absolutely allowed to. Your child can even testify against you, but generally, a judge will decide case-by-case if a child is able to testify. However, if a family member does not want to testify, the court cannot force them to. 

Legal Myth #4: Police Need A Search Warrant To Confiscate Objects

Most of the time, the police must go before a judge to obtain a search warrant before they can search a person’s home or car for certain items. However, the police do not need a search warrant at all times, due to the “plain view” doctrine. The plain view doctrine applies when a police officer sees with their own eyes an object (or objects) that is illegal or would provide evidence of a crime, such as an officer seeing illegal drugs in the back of someone’s car.

Do You Need An Attorney?

If you are in need of legal assistance, we at Lebaron & Jensen are more than happy to be of service. Not only can we help you better understand your individual situation, but we can help you reach the best possible result for your case. We primarily work with personal injury cases, but we also have attorneys that are experienced in real estate law, bankruptcy law, and estate planning. To those who are living in Utah, Wyoming, Colorado, or Arizona facing a complicated legal situation, feel free to reach out to us at Lebaron & Jensen for expert legal advice or representation.

In our last post, we discussed several questions to ask your attorney when you are first hiring them. Hiring the right attorney is extremely important for building a solid case and being able to properly understand the legal jargon that is thrown around when you have been in an accident. Your attorney is the person that will be able to best help you when you are in a tough legal condition. That is why we have complied another list of questions to ask your attorney that will help you determine whether a potential attorney or firm will be best for your specific situation.

Questions To Ask Your Attorney

There are many different attorneys out there with a variety of different skills levels and types of law that they practice. If you have recently been in an accident or otherwise require a personal injury attorney, continue reading to learn more about attorneys and the best kinds of attorneys for different circumstances.

What Is Your Approach For A Case Like Mine?

One of the most important questions that you can ask an attorney is what their approach will be for your individual case. The reason why this may be important is because many different legal clients have different needs and desired outcomes for their cases. Finding an attorney that can be adaptable to you specific desires is important. It is also helpful that when you hire an attorney that understands how to handle cases like yours. Also be sure to ask about the firm or attorney’s track record with winning or losing cases.

How Long Have You Practiced Law?

While there can be talented attorneys at any experience level, it often tends to be true that attorneys (or any kind of professionals) that have been working for a longer period of time are more likely to feel comfortable with any kind of case. It is important to understand whether a seasoned attorney or attorney that is fairly fresh out of law school with be assigned to your case. A less experienced attorney may be able to provide as great of services as a more experienced attorney, but it is still important information to have.

What Kind Of Specialized Knowledge Do You Possess?

While an attorney that holds a law degree is definitely qualified to take on your case, especially if they are familiar with the specific type of law that your case falls under, some cases require specialized training. For example, cases involving DUI’s require specific knowledge for attorneys to have in order to provide the proper representation. Asking your attorney what kind of things that they specialize in can help you determine if they are right for you.

How Will You Communicate With Me?

Another one of the questions to ask your attorney would be how well they can communicate with you. If you are hiring a new attorney for your case, it is vital that they communicate well with you because there are many details within a case that are important to discuss. There are many rapid elements within a legal case, and that is why it is important that the law firm that you choose is excellent at communicating.

Do You Need An Attorney?

If you are in need of an attorney to handle a case within the different spheres of personal injury law, estate planning, bankruptcy, and real estate law, look no further than to us at Lebaron & Jenson. We provide high quality legal services to residents of Utah, Wyoming, Colorado, and Arizona. For more information regarding our services or to hire an attorney, feel free to reach out to us today.