Want To Know More About Stroleny Law, P A?

Many folks consider these stereotypes to be common knowledge, and everyone who has completed a criminal defence attorney programme sighs audibly upon hearing them. Many of the so-called truths concerning the criminal justice system, which are in fact misunderstandings, are being discussed. When it comes to your rights, we separate fact from fiction.Visit Stroleny Law, P.A. for more details.

First, it is important to establish if you have an alibi.

Truth: It’s best to keep one’s alibi to oneself. Jurors are warned not to accept a defendant’s innocence if he gives an alibi that is proven false. This does, however, transfer the burden of proof from the defendant to the prosecution, who must then prove the defendant’s innocence to the jurors beyond a reasonable doubt even though his alibi was found to be suspect. In this case, the state bears the burden of proof as the defendant does not establish an alibi. This isn’t all bad, because the defence spends more time examining the defendant’s alibi than the prosecution’s evidence, even though this makes it difficult for jurors to consider the evidence during deliberations. You should only present an alibi if your alibi is flawless.

Misc. misconception 2: If you haven’t had your rights read to you, your case has been dismissed.

Truth: One of the most widely believed “facts” regarding the criminal justice system is the misconception regarding Miranda rights. Almost every criminal drama on TV includes the lines “You have the right to remain silent… ” spoken by a character, particularly one who is just arrested. Though it is unlikely your case will be rejected if you have not read your rights, it is not a guarantee.” In the absence of your rights, evidence acquired during questioning could be suppressed. If the state no longer possesses evidence that can prove your guilt, your case will be dismissed.

Another misconception is that your case would be thrown out if the cops make a mistake. An typo in spelling on a ticket will not stop a case from proceeding. In the overwhelming majority of situations, cases are only declared invalid when there is a genuine error that could influence the outcome of the case. It doesn’t count if your name is misspelt on a speeding ticket. Criminal defence attorneys employ flaws in the case to your favour, but if several separate faults might potentially alter the case, these flaws would not be beneficial.