Over the years, criminal defense has conjured some outlandish and dangerous myths. There are many myths born from misconceptions or just what people have seen on TV, in movies, and in other media. But believing in myths about criminal defense can be dangerous if you’re ever charged with a crime.
It’s always important to keep people informed on what is true and what isn’t. You may find out something you thought was true was false, or you may be surprised by something someone else believes.
This is a list of
criminal defense myths the attorneys at Lermitte & Lubin, LLC have heard.
Myth #1: You Can Talk Your Way Out of Being Arrested
One common belief is that if you are arrested, you can talk your way out of it. This is not true. Anything you say to law enforcement
can and
will be used against you in court. If you find that the police are being kind or talkative to you, you’ll likely give them more evidence for their arrest.
It's important to remember your right to remain silent and speak to a lawyer before making any statements. Trying to talk your way out of an arrest can only make things worse for your case.
Myth #2: Innocent People Don't Get Convicted
This is a dangerous myth that can lead to false expectations. The truth is that innocent people do get convicted sometimes.
Studies show that 4% to 6% of people in prison are likely innocent of the crime they were sent to prison for.
In the criminal justice system, the burden of proof lies with the prosecution to prove guilt beyond a reasonable doubt. However, this has not stopped errors and mistakes from being made during the trial. These mistakes can and have led to an innocent person being convicted.
Myth #3: The Police Can't Arrest You Without Evidence
It's a common belief that the police cannot arrest you without evidence. If the police have reasonable suspicion or probable cause to believe that a crime has been or is going to be committed, they can make an arrest and gather evidence later.
Myth #4: You Only Need a Lawyer if You're Guilty
This is perhaps one of the most damaging criminal defense myths because people often will not get the attorney they need until it's too late. Everyone has the right to legal representation, regardless of guilt or innocence.
A lawyer can help protect your rights and ensure you receive a fair trial. Also, they can advise you on how to respond to police questioning and help build a strong defense case.
Myth #5: You Can't Be Convicted if the Victim Doesn't Press Charges
Contrary to popular belief, victims don't have the power to press or drop charges. The decision to prosecute lies with the prosecutor, not the victim. Even if a victim does not pursue legal action, the state can still choose to press charges if they have sufficient evidence without the victim’s testimony.
Myth #6: You Can't Be Convicted if You Were Under the Influence
The influence of drugs or alcohol is not a defense for committing a crime. It can actually lead to you being guilty of other crimes and serve as evidence that you did commit a crime. Alcohol removes one’s inhibitions, including those to do something wrong, which makes it appear more likely that you committed a crime in many different instances.
While it can be taken into consideration during sentencing, it does not excuse the act itself. In some cases, being under the influence can even lead to additional charges.
Contact the Criminal Defense Attorneys at Lermitte & Lubin, LLC for Help
It's important to educate ourselves and others about criminal defense myths and know the truth. Believing in these myths can have serious consequences when faced with criminal charges. If you find yourself in such a situation, it's crucial to seek the help of a qualified criminal defense lawyer who can guide you through the legal process. Remember, knowledge is power when it comes to protecting your rights and defending yourself in court. So, stay informed and avoid falling victim to these common myths.
If you’re facing criminal charges, don’t buy into these myths and contact the criminal defense attorneys at Lermitte & Lubin, LLC. The sooner you contact us, the faster we can start working on your defense.
