Common Criminal Defense Myths

Myth #1: Most People Accused of a Crime are Guilty

This myth is probably one of the most troubling ones of all–believed by the public and lawyer alike. In our opinion, lawyers who believe that they should never represent a client who has been accused of a crime, harm their clients by losing objectivity regarding the client’s case. During and after arrest, please stay calm. An arrest is not a conviction. You are innocent until proven guilty.

In cases, for example, where there are allegedly witnesses to the offense, their testimony can be attacked and discredited by a skillful defense attorney. Prosecutors assume that since the State has witnesses listed in police reports, the State’s case cannot be challenged in a court of law.

However, there are ways to challenge witness testimony if the defense attorney understands the witness’ relationship to the alleged victim, where the witness was located during the alleged offense and whether or not the witness realistically had an opportunity to observe the incident complained of by the victim, and whether or not the “witness” came forward to provide information during the investigation of the case.

The bottom line is that these cases require detailed investigation.

Myth #2: It is Impossible to Win a Criminal Case

This myth is the biggest misconception regarding criminal offenses. Experienced criminal defense attorneys can “win” these cases when they conduct detailed investigations and present evidence in a logical manner during trial. There are two sides to every story, and the information presented by the Prosecutor is not always correct!

To be clear, when we say “win” a criminal case, we mean the Court finds our client “Not Guilty,” or the prosecutor dismisses the charge(s), or the Prosecutor reduces the charge to a lesser charge or amends the charge to a different offense, or otherwise our obtaining a plea that avoids a conviction.

Myth #3: Anyone Can Defend a Criminal Charge

If a close friend needed a lawyer for a specialized field of law like IRS litigation, we would advise them to contact the local state bar and consult with a lawyer who has worked with the IRS. In this instance, you should seek the most skilled attorney who is focused in this field.

The most important thing to remember when choosing a lawyer is to make sure you chose one who has the experience and will aggressively defend your interests. David B. Franks of Franks and Rechenberg, P.C., has the experience to provide you a rigorous defense and protect your interests.

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