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5 Things Your Sioux City Defense Attorney Wishes You Knew
Watching shows like CSI and Law and Order doesn’t make the everyday person a legal expert. Unfortunately, popular entertainment such as this can provide a misrepresentation of what defense attorneys do and can also create myths about the criminal justice system. The more that you know about the legal system, the more that our defense lawyer can help to protect your interests in a court of law.
Here at Fitch & Stahle Law Office, our criminal defense attorneys understand that the legal system is complicated, and regular people cannot be expected to know all facets of the law. However, knowing a few basic facts can be beneficial to everybody involved.
You Don’t Have to Speak to Law Enforcement
Though police officers and other members of law enforcement may pressure you to speak at the site of the arrest, it is your constitutional right not to speak. If you say something that is not in your interest, it can and will be used against you in a court of law. The fact of the matter is that you should not speak to law enforcement with your attorney present at the scene.
Ignorance is Not a Defense
If you break the law, playing ignorant will not hold up in court. While the average citizen sometimes behaves as if ignorance of the law is an adequate defense, most judges will not hear it. Most lawyers wish that clients would understand the potential consequences of engaging in risky behavior and understand that the legal system often disregards ignorance of the law as a possible defense.
Lawyers Cannot Change the Law
While lawyers may be expert negotiators and interpreters of the law, they cannot change how the law works. Some people misunderstand what a lawyer can and cannot do. A lawyer’s job is to argue the facts and how the law should be applied to a client’s circumstances. However, they cannot change the facts of the case. For instance, if the client doesn’t purchase uninsured motorist insurance and gets hit by an uninsured motorist, the lawyer cannot make the insurance company pay damages.
There is No Value in Arguing Your Case to the Arresting Officer
If a police officer is serving you an arrest warrant, it doesn’t matter if they think you are innocent or guilty because the warrant gives them the proper cause to arrest you. Thus, there’s no point in arguing your case with the police officer because the only thing that could happen is you will make incriminating statements that can cause problems for you later.
The State Decides Whether to Prosecute a Case, Not the Victim
Many people believe that they cannot be prosecuted for a crime unless the alleged victim chooses to press charges. This is untrue, as the prosecuting authority, typically the State’s or District Attorney’s Office, decides as to whether or not suspected criminal acts will be prosecuted.
Contact our Siouxland Defense Attorneys
When you are facing legal trouble, contact the experienced criminal defense attorneys here at Fitch & Stahle Law Office. Reach us at 402-494-3012.
