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Why You Should Not Rely On Law & Order If Arrested

23 June 2015 by Franklin Vasquez

Thanks to primetime drama television shows, people assume they know how to handle a criminal case. Television shows such as Law & Order have people believing things that can seriously cost them if they are arrested in real life. Here are a few falsehoods that you may have come to believe are truths.

You are in the clear if you have an alibi…

The only time alibis are good is when they are bulletproof. If the prosecution is able to find holes in the alibi, or create doubt, you will have to show beyond a shadow of a doubt why you are innocent. It gives the prosecution the ability to direct the jury to the holes in your defense, rather than having the jury hear why you are innocent. Remember, you are to be considered innocent until proven guilty, so without an alibi, the prosecution must fully convince the jury you are guilty.

Your case will be dismissed if you were not read your rights…

Your Miranda Rights are the rights that are read to you upon being arrested. These rights are printed on a card that an officer will read off when you are being detained. While your case will not be dismissed on the grounds of the failure to read you your rights, any evidence that is collected due to the questioning will be suppressed. If, and only if, the state has no other evidence against you, then your case will be dismissed.

Mistakes by police, equal the case being dismissed…

Unless the mistake the law enforcement officers or crime scene investigators make greatly impacts the outcome of the case, the case will not automatically be dismissed. Having a good criminal defense lawyer will help find the numerous mistakes that can add up and convince the jury that the evidence cannot be trusted. This is an area where it is really important to have a lawyer that you trust.

You are fine if the arresting officer fails to appear…

Unlike traffic court, if the arresting officers are unable to appear, the case can either be continued or tried without his or her testimony. The rare cases a judge will not approve a continuance is if the officer is not able to be reached, or he or she fails to appear in court. It will then be up to the prosecution to prove they have enough evidence to try your case without the officer. If the judge does not feel there is enough evidence, he or she may dismiss the case.

If you have been accused of committing a crime and/or arrested, make sure you rely on someone who has a full understanding of the law. If you do not feel you can afford a lawyer, do not immediately give up. While it is not required to have a lawyer represent you (you do have the option to represent yourself), a court appointed lawyer is often just as willing to prove your innocence (or work to get a lighter sentence) as a privately hired lawyer.

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