5 Truths Every Criminal Attorney Wants You to Know
J John Sebastian Attorney - Popular culture perpetuates them, many citizens consider them common knowledge, and each criminal attorney groans upon hearing them. We're referring to some of the common "facts" about the criminal justice system - many of which are actually misconceptions. Here, we separate fiction from fact when it comes to your rights in the event you are charged with a criminal offense.
Misconception #1: When you have an alibi, you have the clear.
Truth: It's sometimes easier to not present an alibi. If a defendant presents an alibi that does not entirely endure, the jury is instructed to not assume the defendant is guilty. Nonetheless, presenting an alibi that isn't entirely solid shifts the burden of proof for the defendant, who must now convince the jury beyond a reasonable doubt that he's innocent despite his flawed alibi. Instead, by not presenting an alibi, the responsibility of proof is on the state to convince the jury how the defendant is guilty. Additionally, additional time is spent on the trial dissecting the defendant's alibi instead of the prosecution's evidence. Unless your alibi is flawless, your lawyer may counsel you to leave the task towards the prosecution rather than produce an alibi.
Misconception #2: In the event you weren't read your rights, your case is dismissed.
Truth: The parable about Miranda rights is among the most well-known "facts" in circulation about the criminal justice system. What "You hold the right to remain silent... " are recited in virtually every crime drama on television. However, don't rely on your case being dismissed if you're not read your rights. If you are in police custody (you are arrested and aren't absolve to leave all on your own) and also you were not presented your rights, evidence gathered against you throughout the questioning might be suppressed. When the state doesn't have proficient evidence to convict you, the truth will then be dismissed. J John Sebastian Attorney
Misconception #3: If the police make a mistake, your case will probably be trashed.
Truth: Minor mistakes like spelling errors over a ticket won't obtain a case dismissed. Typically, cases are only dumped when a mistake is made that might have an impact on the end result from the case. Your name being spelled incorrectly over a speeding ticket doesn't count. Your criminal attorney will use mistakes to your advantage, however, if a group of multiple minor errors were made that may potentially improve your case.
Misconception #4: In the event the arresting officer does not show approximately court, you're off the hook.
Truth: For the majority of minor cases, this can be untrue because the judge will frequently continue the truth to own officer more chances making it to court. In the event that the officer is unreachable or repeatedly doesn't show, the judge may deny a continuance with the case. In the event the prosecutor then can't make a decision without the arresting officer present, the case could be dismissed.
Misconception #5: State appointed lawyers are sub-par to privately hired lawyers.
Truth: If you fail to afford to hire a lawyer, don't panic. A state appointed defense attorney is very experienced in criminal cases, will be paid from the state, and receives funds from the state to employ investigators or expert witnesses. Don't assume an independently hired lawyer is much better, because some inexperienced or dishonest lawyers will work for a cost that's less expensive for you, but will run you over time.