Many defendants’ first interaction with criminal justice will result in a lot of questions concerning court processes. Lack of knowledge and understanding of criminal law and practice has created a number of myths about the system. Below are some myths about criminal defense lawsuits.
1. All Defense Attorneys Are the Same
Understanding that a criminal defense attorney is a professional just like in any other profession can help one understand that every attorney is different based on their personality, skills, track record, and experience. The only way criminal defense attorneys can change this notion is by winning cases and building an argument based on facts and measurable figures. A committed lawyer knows how to balance the prosecutor’s evidence with their counterarguments to ensure you get the best defense available.
2. Pleading Guilty Proves You Are Guilty
Due to the high rates of criminal cases in court, judges and attorneys use the plea bargaining process. With this process, a defendant can reduce his punishment or sentence by pleading guilty to some charges. The proclamation is an indication that one does not want to go on a trial. Pleading guilty on specific charges does not prove the person has proven guilty or confessed but rather has given up the right to go on trial. After the court process is done, getting an expunction lawyer can help change the plea to not guilty and make sure that your case is dismissed. This is an essential process because when looking for a job, the employers will check your criminal records, and you may miss out on a job when your conviction is discovered. Expungement is only available after probation is completed. Also, not all convictions can qualify for expungement since some cases are too extreme.
3. You Must Be Arrested by Police to Be Charged with a Crime
Criminal charges may not necessarily be filed through a police arrest. For example, in felony cases, the prosecutor may have gone to the grand jury to confirm whether there is enough evidence to bring an indictment. If so, you will be required to appear in court on a scheduled date and time for the hearing.
4. All Attorneys Can Defend Against a Criminal Charge
Not every attorney can handle criminal defense cases. An attorney chooses what specialization in which to practice law. Where some lawyers practice divorce law, others practice car accident law. However, many attorneys have more than one specialty. Choosing a lawyer who is comfortable and has confidence in your case will get the best results. When looking for an attorney, consider those that are experienced and qualified in criminal defense cases.
5. The Best Option Is to Go on Trial
A defendant may think that going on trial is a much better option than accepting a plea. Before taking that step, calculate how much you will spend. There are court costs, which are quite expensive, and you also need to pay an attorney and possibly even expert witnesses. In addition to expenses, you may not know the jury’s reaction concerning your case. Before deciding on a decision, communicate with your attorney to know the best option to take.
6. You Can Resolve Your Warrant Without Turning Yourself In
An individual has limited options for resolving a warrant for their arrest. In most cases, when one doesn’t turn himself in, an order cannot be resolved. Not all courts are the same, while others may require you to turn yourself in, others may need you to report to any police department within your locality.
In conclusion, people need to understand criminal law to avoid these myths and misconceptions. Working with an attorney can help in understanding your case and bringing about the best outcome.