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08 Sep 2014
5 Truths Every Criminal Attorney Wants You to Know

J John Sebastian Attorney - Pop culture perpetuates them, many citizens consider them understood, each criminal defense attorney groans upon hearing them. We're referring to a number of the common "facts" in regards to the criminal justice system - many of which are actually misconceptions. Here, we separate fact from fiction with regards to your rights in the case you have been accused of a crime.

Misconception #1: If you have an alibi, you are in the clear.

Truth: It's sometimes easier to not provide an alibi. In case a defendant presents an alibi that doesn't entirely endure, the jury is made to not assume the defendant is guilty. Nonetheless, presenting an alibi that is not entirely solid shifts the responsibility of proof for the defendant, who must now convince the jury beyond a fair doubt that he's innocent despite his flawed alibi. Instead, by not presenting an alibi, the responsibility of proof is around the state to convince the jury how the defendant is guilty. Additionally, more hours is spent on the trial dissecting the defendant's alibi rather than the prosecution's evidence. Unless your alibi is flawless, your lawyer may advise you to leave the task for the prosecution and not produce an alibi.

Misconception #2: Should you weren't read your rights, your case is dismissed.
Truth: The myth about Miranda rights is probably the most well-known "facts" in circulation in regards to the criminal justice system. The language "You hold the to remain silent... " are recited in almost every crime drama in the media. However, don't depend on your case being dismissed if you aren't read your rights. If you're in police custody (you are arrested and aren't absolve to leave on your own) and also you were not presented your rights, evidence gathered against you during the questioning could be suppressed. In case the state no longer has proficient evidence to convict you, the situation will then be dismissed.

Misconception #3: When the police go awry, your case is going to be thrown out.
Truth: Minor mistakes like spelling errors on a ticket will not obtain a case dismissed. Typically, cases are only dumped whenever a mistake is created that would influence the outcome with the case. Your business being spelled incorrectly on the speeding ticket doesn't count. Your criminal attorney make use of mistakes in your favor, however, if your group of multiple minor errors were made that may potentially change your case.

Misconception #4: When the arresting officer does not show approximately court, you're off the hook.
Truth: For the majority of minor cases, this really is untrue because the judge will frequently continue the situation to get the officer more chances to make it to court. In case the officer is unreachable or repeatedly doesn't show, the judge may deny a continuance from the case. If the prosecutor then can't make a decision minus the arresting officer present, the case might be dismissed. J John Sebastian Attorney

Misconception #5: State appointed lawyers are sub-par to privately hired lawyers.
Truth: If you fail to find a way to hire a legal professional, don't panic. A state appointed criminal attorney is highly experienced in criminal cases, pays from the state, and receives funds from the state to employ investigators or expert witnesses. Don't assume an independently hired lawyer is best, because some inexperienced or dishonest lawyers is wonderful for a charge that's less expensive to you personally, and can cost you in the end.


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