1–10: General Myths
Myth: If you are innocent, you don’t need a lawyer.
Truth: Even innocent people can face legal pitfalls. A lawyer ensures your rights are protected.
Myth: Police must read your Miranda rights upon arrest.
Truth: Miranda rights are only required before custodial interrogation, not during an arrest.
Myth: You can’t be arrested without evidence.
Truth: Police need probable cause, not conclusive evidence, to make an arrest.
Read Also:
- https://insightfullawhelp.com/20-criminal-law-scenarios-and-their-legal-interpretations/
- https://insightfullawhelp.com/25-frequently-asked-questions-about-criminal-trials-and-their-answers/
- https://insightfullawhelp.com/40-criminal-law-questions-every-citizen-should-know-the-answers-to/
Myths:
Ignorance of the law is a good defense.
Ignorance of the law typically does not provide a defense to criminal conduct.
All criminal cases go to trial.
Most are resolved by plea bargains or dismissed before trial.
If the victim doesn’t want to pursue charges, the case is dropped.
Criminal cases are prosecuted by the state, not by the victim.
Myth: You can’t be charged for a crime if no one saw you do it.
Truth: Evidence, not eyewitness testimony, is key to charges and convictions.
Myth: All lawyers are equally skilled in criminal defense.
Truth: Lawyers specialize; not all are equally skilled in criminal law.
Myth: A confession guarantees a conviction.
Truth: Confessions can be challenged if obtained under duress or without proper procedure.
Myth: Double jeopardy applies to all cases.
Truth: It only comes into play following a judgment of conviction; even mistrials and appeals can result in retrials.
11–20: Myths About Evidence and Rights
Myth: Circumstantial evidence never is enough to convict.
Truth: Many convictions are based strictly on circumstantial evidence.
Myth: You must respond to police questions when asked.
Truth: You have the right to remain silent and request an attorney.
Myth: The police need a warrant for all searches.
Truth: Some exceptions provide for warrantless searches, including consent or exigent circumstances.
Myth: It is a crime to refuse a field sobriety test.
Truth: Refusal is not a crime but may result in loss of license or other penalties, depending on the state.
Myth: You cannot be convicted of a crime if there is no DNA evidence.
Truth: You do not need DNA evidence; a conviction can occur based on other evidence.
Myth: You cannot be prosecuted for a crime committed years ago.
Truth: Statute of limitations will depend on crime. Some offenses such as murder cannot be limited under a time factor.
Myth: Plea-bargain always reduces punishment
Truth: Yes, sometimes. However it all depends upon having an attorney that can be very helpful with sentencing.
Myth: When the police never come to appear before the judge the case will always be dismissed
Truth: Only if in some cases or where evidence stands even without witness’s testimony.
Myth: A public defender isn’t as good as a private attorney.
Truth: Public defenders are highly skilled but may have heavy caseloads, affecting availability.
Myth: You can’t be tried as an adult if you’re under 18.
Truth: In serious cases, juveniles can be tried as adults.
21–30: Myths About Sentencing and Punishment
Myth: A first offense always leads to leniency.
Truth: First-time offenders may still face severe penalties, depending on the crime.
Myth: Expunged records are completely erased.
Truth: Expunged records may still be accessible to law enforcement or in certain legal contexts.
Myth: Probation violations automatically lead to jail time.
Truth: Consequences vary; judges may issue warnings or modify probation terms.
Myth: Sentences are fixed and can’t be changed.
Truth: Sentences can be appealed or modified under certain circumstances.
Myth: A plea bargain means admitting guilt.
Truth: Some plea bargains, such as “no contest,” do not admit guilt but accept penalties.
Myth: Community service is only for minor offenses.
Truth: Community service can be ordered for a wide range of crimes as part of sentencing.
Myth: Criminal records disappear after a certain time.
Truth: Criminal records remain unless expunged or sealed by court order.
Myth: Fines and restitution are the same thing.
Truth: Fines are penalties paid to the state; restitution compensates victims for their losses.
Myth: House arrest is an easy punishment.
Truth: House arrest involves strict monitoring and significant restrictions on freedom.
Myth: Once convicted, you can’t challenge the case.
Truth: Convictions can be appealed if there are grounds for legal or procedural errors.