Popular culture perpetuates them, many citizens consider them common knowledge, every defense attorney groans upon hearing them. We’re speaking about a number of the common “facts” regarding the criminal justice system – many of which are in fact misconceptions. Here, we separate fiction from fact in relation to your rights in the event you have been accused of a crime.

Misconception #1: When you have an alibi, you’re in the clear.

Truth: It’s sometimes easier to not include an alibi. If your defendant presents an alibi it doesn’t entirely last, the jury is required to not assume the defendant is guilty. Nonetheless, presenting an alibi this is not entirely solid shifts the duty of proof on the defendant, who must now convince the jury beyond a good doubt that he’s innocent despite his flawed alibi. Instead, by not presenting an alibi, the duty of proof is about the state to convince the jury that this defendant is guilty. Additionally, additional time is spent in the trial dissecting the defendant’s alibi instead of the prosecution’s evidence. Unless your alibi is flawless, your lawyer may give you advice to go out of the project for the prosecution and never produce an alibi.

Misconception #2: Should 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 concerning the criminal justice system. The language “You hold the to remain silent… ” are recited in nearly all crime drama in the news. However, don’t rely on your case being dismissed discover read your rights. If you’re in police custody (you’ve been arrested and aren’t liberated to leave by yourself) so you are not presented your rights, evidence gathered against you in the questioning may be suppressed. In case the state no longer has proficient evidence to convict you, true may then be dismissed.

Misconception #3: When the police go awry, your case will be given away.

Truth: Minor mistakes like spelling errors with a ticket won’t obtain a case dismissed. Typically, cases are only thrown out whenever a mistake is made that could have an affect on the result from the case. Your company name being spelled incorrectly over a speeding ticket doesn’t count. Your criminal defense attorney uses mistakes to your benefit, however, if your compilation of multiple minor errors were created which could potentially improve your case.

Misconception #4: When the arresting officer doesn’t show approximately court, you’re free.

Truth: For many minor cases, this really is untrue for the reason that judge will most likely continue true to obtain the officer more chances to make it to court. In the event that the officer is unreachable or repeatedly doesn’t show, the judge may deny a continuance of the case. If the prosecutor then can’t make up your mind with no arresting officer present, the case could be dismissed.

Misconception #5: State appointed lawyers are sub-par to privately hired lawyers.

Truth: Folks who wants afford to hire a legal professional, don’t panic. Scenario appointed criminal attorney is highly familiar with criminal cases, pays from the state, and receives funds through the state to employ investigators or expert witnesses. Don’t assume an independently hired lawyer is best, because some inexperienced or dishonest lawyers will work for a fee that’s less costly to you, but will cost you over time.

So, in case you are ever arrested for an offence, don’t feel that the 300 hours you’ve logged watching crime dramas are similar to a criminal law degree.

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