What Is The Typical Reaction Of People When They Are Arrested?
Often people who are arrested get angry and they start spouting off to the police officer. A lot of times it is being recorded either by video. No one likes angry people, especially if you are angry with the police officer. You don’t want someone being angry and calling the police officer an idiot because jurors tend to like police officers. If you’re not the focus of a police officer’s investigation you tend to trust those people and like them. They come pre-approved as being good people. If you are the focus of a police officer’s investigation, your pulse will go up, your blood pressure will rise, your glands will dump chemicals into your brain, and you will be in fight, freeze, or flight mode . . . or all three at the same time. That is not a good time to try to explain yourself. But most normal people try anyway. It works for some but not for most.
Therefore, if you are arrested and you are angry don’t say anything. If you are frightened, don’t say anything. Keep your mouth closed until you’ve had time to relax and think things through so that you are not as emotional.
What Are Miranda Rights? When Do They Come Into Play In A Criminal Case?
Miranda is the common name for an advisement of constitutional rights prior to an in custody interrogation. If the officer is going to start interrogating you and asks you questions designed to eliciting an incriminating response, then the police officer has to let you know that anything you say can be used against you. You don’t have to succumb to the interrogation. You’re not compelled to answer any questions. You’re not required to by law answer any questions without your lawyer being present.
However, if the police officer never asks you any questions and then puts you under arrest, throws you in the back of the car and you start up a conversation the officer is not asking you any questions, those statements that you made can be used against you because you volunteered them. They just can’t use statements where the police officer is asking you a question designed to elicit information that’s going to be used as evidence against you. If they do that and you haven’t Mirandized then those statements are going to be suppressed. Suppression is a fancy way of saying that the court will say to the government that they can’t use those in court against the person. You sitting in the back at the police station and having a random conversation and you’re the defendant and you bring up the topic and start talking about it and the cop’s just sort of going along with the conversation that you initiated, well there is no Miranda violation. Those statements will be used against you.
How Public Is The Knowledge Of An Arrest In Oregon?
An arrest is generally pretty quiet unless it is for a heinous crime. Depending upon the size of your community you can make the front page of your local newspaper. If it’s a standard assault case, domestic violence case or DUI case or other misdemeanor, generally no one is going to know about it unless you live is a small community with a small local newspaper. In that case, you arrest for a minor offense may be big news in the small town.
But everyone needs to know that every arrest is public record. People can go and look at the court records and see who has been arrested. People can go the police stations and ask for the arrest records for the day before. There are some states and some counties such as Jackson County, where if you are arrested and you get fingerprinted and photographed at the jail at any time, your mug shot will show up at their website. A lot of employers look at those sites to see if their employees have been arrested. Therefore, whether or not someone finds out about your arrest all depends on the degree to which the person who wants the information is willing to seek it out. The information that the person was arrested and/or convicted or has a court case is available to anybody that wants it.
Does Having Good Prior Conduct Positively Impact A Criminal Case?
If you’ve been in trouble a lot and you go in front of the court, they have your criminal record. A thoughtful judge may reasonably conclude that you apparently are not learning that committing crime is a bad thing to do. You might find yourself as a good candidate for the judge concluding that the state needs to spend a lot of resources keeping you out of the public. In that situation the court is more likely to kick you a lot harder than if you had no record. If you’re a law abiding, productive citizen and you go in front of the judge, the judge will take that into consideration and it will probably be presumed that a light tap will be sufficient for you to correct your ways and fly straight. It makes a difference.
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