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Three Myths About Criminal Defense Cases

Myth Number One – You Are Guilty of a Crime Because You Were Charged With a Crime

This is the biggest myth that exists in my opinion in handling criminal defense cases.  Just because the police charge you with a crime, it does not mean that you are guilty of that crime.  In order to charge someone with a crime, the police have to have probable cause to believe that person committed the offense they are being charged with.  In order to be convicted of a crime, you have to be found guilty beyond a reasonable doubt.  Reasonable doubt is a much higher standard of proof than probable cause.  The police might be able to produce enough evidence to rise to the level of probable cause to arrest a person, but it is the district attorney’s job to prove that the person is guilty of the charge beyond a reasonable doubt.  An Arlington, Texas criminal defense attorney can examine the state’s evidence, and determine the best course of action for you to take.  If you have been charged with a crime in Tarrant County, time is of the essence.

 Myth Number 2 – I Can’t Possibly Win My Case

Winning a criminal case can have different meanings.  Winning can mean being found not guilty of the crime you were charged with.  Winning can also mean pleading guilty to reduced charges, and getting a favorable plea deal.  An attorney can examine your case, and advise you on the best way to approach it.  Sometimes that means going to trial, but other times that will mean accepting the state’s plea offer.  Every case is different, and we can help you determine what the best approach for you to take is.

Myth Number 3 – If The Police Didn’t Read My Rights, They will Dismiss My Case

This myth stems from what I call the Law & Order effect.  Television has caused many people to think that the police have to tell you your Miranda rights all of the time.  They simply do not have to.  The police are only obligated to inform you of your Miranda rights if you are in custody and they intend to interrogate you.  Further, even if the police fail to inform you of your rights, that does not mean that the court will dismiss your case.  Often, the remedy for the failure to inform you of your rights is that the court will not allow the state to use any statements made by you if you were not informed of your Miranda rights.

Thanks to our friends and contributors from Brandy Austin Law Firm, PLLC for their insight into the importance of a will.

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