The Truth Behind 10 Criminal Defense Myths
Plenty of us develop ideas about criminal cases from the popular crime series and police procedural movies. While they do have many things in common, it is erroneous to believe that everything that is shown on these programs has a basis in reality. If you are somehow involved in any kind of criminal case, it is important that you consult a Criminal Defense Attorney Denver instead of thinking that you know everything simply because you check out all the best police procedural shows and movies.
1 Without any DNA evidence or fingerprints, it is not possible for me to get convicted
This is a very common myth that is associated with criminal cases. For instance, if you are charged with possessing any kind of illegal firearm, the police only need to prove that the firearm was in your possession, even if your fingerprints are not present in the item itself. Also, you do not even need to be caught red-handed while holding the firearm. The police only need to make sure that it is present in your possession, whether hidden at your home or somewhere else.
2 Paid attorneys can always offer better services than the court-appointed attorneys for criminal defense cases.
This is completely untrue as the court-appointed attorneys typically have extensive experience with different types of criminal defense cases and they are often better than private attorneys. If you are considering attorneys who have just completed their law school education, a paid attorney is going to have the same kind of working experience as the court-appointed attorneys.
3 My case is going to be disregarded simply because the police never read me my Miranda rights.
Even though there are many shows where the cops religiously read out the Miranda rights to the accused, it is often an exaggeration of reality. Only in cases where the suspect is arrested by the police with the aim of being interrogated later has to be read the Miranda rights. In cases where the rights are not read before questioning, the statements made in such cases can be suppressed during the trial simply by requesting a motion.
4 Unless I have witnesses to present, the judge or jury will consider me guilty.
If you have a witness who can testify to your innocence, it will be better for your case. However, do not get a witness simply you must have one as this can work against you. If the witness you call for your case performs poorly during cross-examination by the prosecution or is deemed to be unreliable, things may look bad for you.
5 I may always choose to appeal later.
You may want to appeal to the court in case you are not satisfied with the verdict. However, there are many reservations to that and it is upon the court of law whether you will have the chance of appealing your case or not.
6 My criminal defense attorney is either conspiring against me with the state or is incompetent.
Just because the case is not going in your favor does not mean that your lawyer is working together with your opponents. If he is listening to what the state has to say then you must understand that he is supposed to do so. Also, it is important that you do not get swayed by the opinions of your jail mates who have little to no knowledge about how legal cases are dealt with.
7 I must testify at the court or the judge and/or jury will think I am guilty.
One of the most notable myths about defense trials is that the defendant always has to testify at the court. If your lawyer thinks that nothing good can come out of making you stand at the witness box, then it is highly likely that he will recommend you to not appear as a witness. You need to know that you have a constitutional right in Colorado to remain silent. The jury is going to consider whether you are guilty beyond any reasonable doubt and they are going to carefully listen to testimony presented by all individuals. Even though it may seem that you are trying to hide something by not testifying, the jury or judge cannot hold you guilty for that. Even if you are guilty, you may walk free if your guilt cannot be proven beyond a reasonable doubt.
8 I intend on using alibi as a defense.
Unless you have a powerful alibi, to begin with, it is never a good idea to present your case with an alibi as you are likely to lose credibility. Due to this reason, lawyers in Colorado typically do not recommend their clients to use an alibi.
9 I cannot be convicted of drug possession simply because they never found the drugs on me during the time of the arrest.
The law enforcement agencies can have you convicted of possession of drugs even if you do not have them in person. You may have the drugs hidden somewhere and the legal authorities can still consider that you have the drugs in your possession.
10 I need to suppress the statements I made to the police as I never wanted to answer their questions in the first place.
A lot of TV shows portray that when defendants invoke the right to get a lawyer, the police can stop questioning them. However, this does not mean that the police are bound to stop questioning the defendant if he or she expresses his/her desire not to answer those questions. In case the police keep on interrogating the defendant even after invoking the right to counsel, the defense attorney may choose to suppress the statements later.
Having yourself acquainted with these truths behind the myths of criminal cases can actually help you a lot when you are looking to fight your own case. However, it is always advisable that you consult the best criminal defense attorney in Colorado when you are looking to find justice to your legal dilemmas.