5 Truths Every Criminal Defense Attorney Wants You to Know
Pop culture perpetuates them, many citizens consider them common knowledge, and every criminal defense attorney groans upon hearing them. We're talking about some of the common "facts" about the criminal justice system - many of which are actually misconceptions. Here, we separate fact from fiction when it comes to your rights in the event you've been accused of a crime.
Misconception #1: If you have an alibi, you're in the clear. Truth: It's sometimes better to not present an alibi. If a defendant presents an alibi that doesn't entirely hold up, 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 to 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 burden of proof is on the state to convince the jury that the defendant is guilty. Additionally, more time is spent at the trial dissecting the defendant's alibi instead of the prosecution's evidence. Unless your alibi is flawless, your lawyer may advise you to leave the work to the prosecution and not present an alibi.
Misconception #2: If you weren't read your rights, your case is dismissed. Truth: The myth about Miranda rights is one of the most well-known "facts" in circulation about the criminal justice system. The words "You have the right to remain silent... " are recited in almost every crime drama on TV. However, don't count on your case being dismissed if you're not read your rights. If you're in police custody (you have been arrested and are not free to leave on your own) and you were not presented your rights, evidence gathered against you during the questioning may be suppressed. In the event that the state no longer has proficient evidence to convict you, the case may then be dismissed.
Misconception #3: If the police make a mistake, your case will be thrown out. Truth: Minor mistakes like spelling errors on a ticket will not get a case dismissed. Typically, cases are only thrown out when a mistake is made that would have an impact on the outcome of the case. Your name being spelled incorrectly on a speeding ticket doesn't count. Your criminal defense attorney will use mistakes to your advantage, however, if a series of multiple minor errors were made that could potentially change your case.
Misconception #4: If the arresting officer doesn't show up to court, you're off the hook. Truth: For most minor cases, this is untrue because the judge will often continue the case to give the officer more chances to make it to court. In the event that the officer is unreachable or repeatedly fails to show, the judge may deny a continuance of the case. If the prosecutor then can't make a decision without the arresting officer present, the case may be dismissed.
Misconception #5: State appointed lawyers are sub-par to privately hired lawyers. Truth: If you can't afford to hire an attorney, don't panic. A state appointed criminal defense attorney is highly experienced in criminal cases, is paid by the state, and receives funds from the state to hire investigators or expert witnesses. Don't assume a privately hired lawyer is better, because some inexperienced or dishonest lawyers will work for a fee that's more affordable to you, but will cost you in the long run.
So, if you're ever arrested for a crime, don't assume that the 300 hours you've logged watching crime dramas are equivalent to a criminal law degree. Resources: http://thebestcriminaldefense.com http://ezinearticles.com/?5-Truths-Every-Criminal-DefenseAttorney-Wants-You-to-Know&id=8695896
Thank you for reading!