They are perpetuated by pop culture, many people see them as common knowledge and every criminal defense attorney is groaning at hearing them. We ‘re talking about some of the common criminal justice system “facts”-many of which are really misconceptions. Here, in case you have been accused of a crime, we separate fact from fiction when it comes to your rights.If you’re looking for more tips, Personal injury attorney has it for you.
1: You are in the clear, if you have an alibi.
Truth: Sometimes it is better not to offer an alibi. If a suspect offers an alibi that doesn’t hold up absolutely, the jury is told not to believe that the defendant is guilty. Nonetheless, the presentation of an alibi which is not entirely solid shifts the burden of proof to the defendant, who now has to convince the jury beyond reasonable doubt that he is innocent despite his faulty alibi. Instead, the burden of evidence falls on the prosecution to persuade the jury that the defendant is guilty, by not providing an alibi. Moreover, more time is spent in the trial dissecting the alibi of the defendant, instead of the evidence of the prosecution. If your alibi is perfect, you might be told by your counsel to leave the case to the prosecutor, and not to give an alibi.
2: If your rights were not read your case would be dismissed.
Truth: One of the most well-known “facts” circulated about the criminal justice system is the fallacy about the Miranda rights. In almost every crime drama on Screen, the words “You have the right to remain silent ….” are recited. If you are not reading your rights, don’t count on your case being dismissed, though. If you are in police custody (you have been arrested and are not free to leave alone) and your rights have not been presented, evidence gathered against you during the questioning may be deleted. If the state no longer have credible proof to prosecute you, then the case can be dismissed.
3: If the police make a mistake it will rule the case away.
Truth: Minor errors such as spelling errors on a ticket won’t get a case rejected. Usually cases are thrown out only when a error is made that will affect the outcome of the case. It doesn’t count your name is spelled incorrectly on a speeding ticket. However, if a series of frequent small errors were made that could possibly affect your case, your criminal defense attorney will use mistakes to your advantage.
4: If the arresting officer does not appear before the courthouse, you are off the hook.
Truth: This is untrue with most minor cases, as the judge will always postpone the case in order to allow the officer further chances to bring it to trial. In the event the officer is unachievable or repeatedly fails to demonstrate, the judge may deny a continuation of the case. If the prosecutor can not then take a decision without the involvement of the arresting officer, the case can be dismissed.
5: State appointed lawyers are sub-par to hired lawyers in private practice.
Truth: Don’t panic if you can not afford to hire an attorney. A state-appointed criminal defense attorney is highly experienced in criminal cases, is paid out by the state, and receives state funds to hire investigators or expert witnesses. Do not believe that a privately employed lawyer is cheaper because certain inexperienced or unethical attorneys are going to work for a price that is more affordable to you, but in the long run it will cost you.