Four Common Myths About Criminal Trials

Many common misconceptions surrounding criminal trials come from movies and television shows. However, the version of a criminal trial in the entertainment world is much different from reality. There are rarely last-minute confessions or surprise witnesses, and are almost never any “aha!” moments in trial. If you have been charged with a criminal offense, it is critical that you speak to a Fort Lauderdale criminal defense lawyer who can bust these myths so you know what to expect.

I Do Not Need a Lawyer if I am Innocent 

The justice system in Florida has its flaws and innocent people are not only sometimes charged with a crime but are convicted too. If you are facing a trial on criminal charges, it is essential that you have legal representation even if you are innocent. An attorney can ensure that you know your rights and that they are protected. They can also challenge important evidence being used against you while also building a strategic defense for your case.

My Trial Will Happen Quickly 

The criminal justice system is one that can be very time-consuming. An investigation can take weeks, or even months and each side will delve into the matter. Discovery must be conducted so each side can exchange information with the other. Additionally, there are also a number of pretrial motions that can be filed to exclude evidence or dismiss charges. This discovery period is often the longest part of a criminal trial process.

Only the Jury Can Decide My Case 

Many people believe that only juries make decisions in criminal cases, but this is not true. In fact, the majority of criminal cases are resolved without the involvement of a jury. Firstly, plea bargains between the prosecution and defendants are very common. Additionally, charges are sometimes dismissed before the trial even begins, or the defendant may choose to have a bench trial in some cases, meaning the judge acts as the jury.

My Case Must Be Thrown Out if I was Not Read My Rights

 Again, this myth is largely attributed to the entertainment industry. It is not uncommon to see characters being arrested and then almost immediately released because they were not read their rights. Law enforcement officers are only required to read someone their Miranda rights if they were in custody and being questioned. Additionally, if law enforcement does not read you your Miranda rights, it does not mean your case will automatically be thrown out. Certain evidence against you may be excluded, which can help your case, but it is not a guarantee that you will not proceed with defending your case.

Our Criminal Defense Lawyers in Fort Lauderdale Can Prepare You for Trial 

It is critical that you work with a Fort Lauderdale criminal defense lawyer any time you are charged with an offense. This is particularly true if your case goes to trial. At Haber Blank, our experienced attorney can negotiate with the prosecution on your behalf, and ensure you are fully prepared for trial so you obtain the best outcome possible. Call us now at 954-767-0300 or contact us online to schedule a consultation and to get the sound legal advice you need.

Source:

law.cornell.edu/wex/miranda_warning