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.
