Kara Sears
Breaking the law is something that few people ever intend to do, but sometimes you may not even be aware you're doing something illegal. For example, prank calling may be illegal in your area, and using unsecured WiFi (aka piggybacking) isn't legal everywhere. In some cases, people have chosen to break the law because they believe it is the right thing to do. For instance, Christian abolitionists risked their lives to break the law and advocate for the ending of slavery, despite the fact that many in the church considered them criminals.
| Characteristics | Values |
|---|---|
| If you are a minor | You will usually appear in juvenile court |
| If there is not enough evidence | Charges are dropped |
| If you are found guilty | You could be arrested and fined |
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What You'll Learn
If you're a minor, you'll usually appear in juvenile court
After an arrest, the officer will decide if the minor should be released to a parent or taken to a juvenile detention facility. The decision to take the minor to a detention facility is less common and based on the seriousness of the charges, criminal history, and whether the accused is thought to be a safety risk to the community. If a minor does go to a detention centre, a detention hearing will quickly follow to determine if they should be released home or remain in detention.
In most cases, the minor admits to the crime and, depending on the situation, the judge may put the child on probation, place the child in a foster home, or, in serious cases, the child may be sent to a juvenile institution. If the minor denies the crime, an adjudicatory hearing, much like a criminal trial, is held.
The police may choose to release a minor with no further action. This happens when the police don't have sufficient evidence for a conviction or when they feel that time in custody was a severe enough punishment for the person in question.
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If there's not enough evidence, charges are dropped
At a preliminary hearing, prosecutors must present enough evidence to convince the judge that there is probable cause to believe that a crime has occurred and the defendant is the person who committed it. If a judge finds that there isn't probable cause to believe the defendant is guilty, the judge will dismiss the case. If a key witness is unavailable to testify or the prosecutor decides a witness is unreliable, the prosecutor may have no choice but to dismiss the charges for lack of sufficient evidence.
If the evidence is circumstantial and weak, the judge might find the case unconvincing. If law enforcement doesn't follow procedure during the arrest or investigation, it can also lead to dismissal. New evidence can also be key. If new information comes out that hurts the prosecution's case, the prosecutor may dismiss the charges.
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If you're caught, you could be arrested and fined
If you're caught breaking the law, you could be arrested and fined. The consequences depend on the severity of the crime, but even minor offences can result in a fine. For example, if you're caught using your phone while driving, you could receive a fine and penalty points on your licence. Similarly, if you're caught not cleaning up after your dog, you could be fined. In some cases, you might simply be banned from a particular place, such as a store.
It's important to remember that ignorance of the law is not a valid excuse. Even if you're unaware that you're breaking the law, you can still be held responsible and face legal consequences. For instance, using unsecured WiFi (piggybacking) may be illegal in your area, and even with permission from neighbours or businesses, you can still run afoul of internet service plans and providers.
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If you're banned from a store, you can't go back
If you've been banned from a store, it's important to respect the ban and not return. While it may be tempting to try and sneak back in, doing so could result in further legal trouble. If you have a dispute with the store or feel that the ban was unjustified, there are other ways to handle the situation. You could try contacting the store's management to discuss the issue and see if there's a possibility of having the ban lifted. Alternatively, you could seek legal advice to understand your rights and options. It's important to remember that breaking the law, even for something as seemingly minor as trespassing in a store, can have serious consequences.
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If you're unaware of breaking the law, you may not be prosecuted
It's important to remember that ignorance of the law is not a valid defence in court. However, if you are unaware that you are breaking the law, you may not be prosecuted if you can demonstrate that you had no intention of committing a crime and that you took reasonable steps to inform yourself of the relevant laws.
For example, if you are travelling to a foreign country and unknowingly commit a crime, you may be able to argue that you were unaware of the local laws and took reasonable steps to inform yourself of them. In this case, it is important to research the laws of the country you are visiting and understand any cultural differences that may impact your actions.
Similarly, if you are engaging in a new activity or business venture, it is important to familiarise yourself with the relevant laws and regulations. This includes understanding any licensing or permit requirements, as well as any restrictions on your activities. If you fail to do so, you may be held responsible for any violations, even if you were unaware of the law.
In some cases, you may be held responsible for breaking the law even if you were unaware of the specific regulation. For example, if you are driving and unknowingly exceed the speed limit, you may still be issued a speeding ticket. In this case, it is important to understand your rights and responsibilities, as well as the potential consequences of your actions.
Overall, while ignorance of the law is not a valid defence, taking reasonable steps to inform yourself of the relevant laws can help mitigate your risk of prosecution. It is important to stay informed and understand your rights and responsibilities to avoid any unintended legal consequences.
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Frequently asked questions
If you've broken the law, it's important to seek legal advice as soon as possible. Contact a lawyer or legal aid organisation in your area to discuss your options and understand the potential consequences.
You have the right to legal representation, regardless of your financial situation. Legal aid organisations can provide free or low-cost legal services to those who cannot afford a private lawyer.
The consequences of breaking the law can vary depending on the severity of the offence and the jurisdiction in which it occurred. Potential consequences may include fines, community service, or imprisonment. It's important to understand the specific laws and penalties that apply to your situation.
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