Almost everyone has seen their fair share of arrests on television shows. You watch a police officer handcuff a person, state their Miranda Rights, and then push them into the backseat of a police vehicle.

While you may think that this is what happens in real arrests, it is important to remember that what you saw is based on television, and what happens on television shows does not typically play out the same way in real life. Here are eight myths and truths about being arrested that you need to know from a Knoxville criminal defense attorney.

1. Myth: Your Miranda Rights must be read to you

Truth: Yes, the police officer who handcuffs you, arrests you, and places you in the police car must read you your Miranda Rights. The Supreme Court case Miranda v. Arizona was decided in 1966. This case established that a police officer must notify a person of his or her constitutional rights when they take them into custody.

However, they do NOT have to read you these rights before they arrest you or detain you. If you are not taken into custody, you will likely not be read your Miranda Rights.

2. Myth: You are required to talk to the police and answer anything they ask you

Truth: You are not required to talk to the police or answer any questions that they ask. In fact, many people make the mistake of saying too much to the police officers. They may think that the officer is being friendly and is on their side, which may encourage them to try to talk their way out of being arrested. However, you should request an attorney and refuse to answer any questions and remain silent until an attorney is present. Keep in mind that you may still need to give information such as your name, address, and phone number, but you do not need to give any information about the potential crime.

3. Myth: You can make one phone call

Truth: When watching a television episode that shows an arrest, you most likely have seen that the individual who is arrested is given one phone call. This creates a lot of pressure for them because they must choose one person to call. However, in a real-life arrest, you do not have a constitutional right to make a phone call. Instead, it is based on the state to decide whether or not you get a phone call after being arrested. If you are arrested in Knoxville or any other city in Tennessee, you are in luck because Tennessee Code 40-7-106 (b) states that “no person under arrest by an officer or private citizen shall be named in any book, ledger or any other record until after the person has successfully completed a telephone call to an attorney, relative, minister or any other person that the person shall choose, without undue delay.”

4. Myth: The police officers are not allowed to lie to you

Truth: Unfortunately, this is 100 percent false. While you are not allowed to lie to police officers, they are allowed to lie to you. They typically use tricks, tactics, and lies to get people to tell them information. They may tell you that you will get some type of reward or promise if you give them specific information. However, you should remember that this is likely a lie, and it is best to wait until your lawyer is present to talk about anything important with the officers.

5. Myth: Police officers must have a search warrant to search your car or property

Truth: The Fourth Amendment was established to protect individuals from “unreasonable searches and seizures by the government.” The word “unreasonable” is very important in these cases. This gives police officers a loophole to search if it is considered reasonable. In addition, if the officers see any specific evidence that is in their plain view, they can take that and use it as evidence. For example, if you are being arrested for possession of drugs and the drugs are in plain view, the officer may take the drugs and use them as evidence against you.

6. Myth: The victim decided not to press charges against you, so you are off the hook

Truth: The victim may decide not to press charges against you. However, this does not mean that you are scot-free and able to just walk out the door. Instead, the prosecutor will make the decision on whether or not you will need to go to trial for the crime. This typically happens when an individual has committed a very serious crime, such as aggravated assault or an alleged act of domestic violence.

7. Myth: There were no fingerprints or DNA at the scene, meaning that you cannot be found guilty of the crime

Truth: When you are watching a suspenseful drama about a person being arrested and being found guilty of their crimes, you are likely watching the officers and detectives look for fingerprints and DNA. This makes things very interesting and can leave you on the edge of your seat, waiting to find out if they are found guilty of the crime. However, in reality, this does not always happen. As a matter of fact, forensic and DNA evidence does not have to be found at all. For example, if you get caught on a security camera stealing something, or post about your crimes on social media, you can still be charged (and potentially convicted) of a crime.

8. Myth: Your case will automatically go to court

Truth: Television arrests frequently show that a person is arrested for a crime, and they must wait for their hearing to take place. However, the truth is that many cases never make it to a trial. Instead, the accused may be offered a plea bargain, which is described by Cornell Law School as “agreements between defendants and prosecutors in which defendants agree to plead guilty to some or all of the charges against them in exchange for concessions from prosecutors.”

If you have any questions or concerns about being arrested, get in touch with Banks & Jones at your earliest convenience. Our criminal defense attorneys know the ins and outs of being arrested and can explain how interactions with the police should go in Knoxville, TN. All you need to do is call our office or submit our contact form to schedule your free and confidential case evaluation today.