If you’re facing criminal charges, misinformation can be your worst enemy. People might believe they understand how the justice system works based on TV shows, YouTube videos, or secondhand stories. Unfortunately, these sources often paint an inaccurate picture of the situation at hand. In this blog, we’ll debunk five common myths about criminal defense and reveal the facts you need when dealing with Tennessee’s legal system.
Myth #1: Only Guilty People Get Arrested
It’s a common misconception that only guilty people get arrested. However, the reality is that arrests are based on probable cause, not definitive proof of guilt beyond a reasonable doubt. Probable cause means that law enforcement believes there is a reasonable basis to suspect someone of a crime. This threshold is much lower than the standard required to convict someone in court.
Innocent individuals can and do get arrested. Mistaken identity, poor investigations and training, misunderstandings, or being in the wrong place at the wrong time can lead to innocent people facing charges. For example, eyewitness misidentifications and false accusations can result in wrongful arrests. Often times, individuals are overcharged. For example, in a domestic assault case, officers routinely overcharge an assault as an aggravated assault by alleging strangulation when in fact no strangulation occurred. Similarly, in drug cases officers routinely charge individuals with sale and delivery of drugs simply based on the weight of the drugs meeting the statutory amount for a felony sale and delivery more than the “simple possession” amount by statute. However, an amount alone is in most cases insufficient to establish more than simply personal usage. As such, additional evidence such as text messages and phone calls on a seized cell phone, individual baggies, large sums of cash and/or scales are required; although those items do not necessarily alone prove sale still. Also in drug cases, officers routinely rely on constructive possession to charge every individual in a vehicle or house with possession and/or sale and delivery of the drugs that were found. There are numerous defenses to this as well.
The most common is DUI cases. Officers inadequate training in standardized field sobriety testing and overreliance on such test results in wrongful arrests for individuals that are innocent. Officers ignore medical conditions and serious injuries such as head trauma from car accidents to jump to the conclusion that the individual is too impaired to drive based solely off evidence discovered proving consumption, rather than impairment. We see it far too often.
Remember: An arrest is not a conviction. If you’re arrested, remain calm, exercise your right to remain silent, and seek legal representation immediately. With the right legal help, innocent people can and do clear their names. A skilled criminal defense attorney can make all the difference in ensuring justice is served. Far too often individuals end up pleading guilty to charges because they fear the unknown of proceeding forward with the case or due to poor legal advice. It is imperative that you hire a team of attorneys knowing that they will do everything possible to investigate your case and prove your innocence.
Myth #2: A Lawyer Can't Help If You're Guilty
Many people believe that if they are guilty, there’s no point in hiring a lawyer. This couldn’t be further from the truth. A lawyer’s role is not just about proving innocence but also about ensuring that every defendant receives fair treatment and the best possible outcome, regardless of guilt.
A skilled defense attorney can significantly impact the outcome of your case, even if you are guilty. They can negotiate plea deals to reduce charges or minimize penalties, potentially transforming a severe sentence into a more manageable one. For instance, instead of facing a lengthy prison term, you might be able to secure probation or a reduced sentence through effective legal negotiation. This may include a reduction from a felony to a misdemeanor or usage of a judicial diversion.
More importantly, a lawyer ensures that your rights are protected throughout the legal process. They will scrutinize the evidence against you, challenge any unlawfully obtained evidence, and make sure that law enforcement followed proper procedures. This could lead to the exclusion of critical evidence or even the dismissal of your case if your rights were violated. This is where our skilled criminal defense attorneys provide the most value. We look for every legal defense possible to create leverage for negotiations or file motions on your behalf to exclude evidence that may result in someone who believe they are guilty case being dismissed or reduced.
Moreover, a criminal defense attorney can provide invaluable advice on the best course of action, whether that means negotiating a plea deal or preparing for trial. They understand the complexities of the legal system and can navigate it effectively on your behalf.
In essence, admitting guilt does not mean you have to face the harshest penalties. A competent lawyer can help mitigate the consequences and work towards a more favorable resolution. If you find yourself facing criminal charges, regardless of your guilt, seeking legal representation is essential to protecting your future.
Myth #3: You Can Handle a Criminal Charge on Your Own
Facing a criminal charge is a serious matter, and attempting to handle it on your own can lead to devastating consequences. Many people believe they can represent themselves, thinking they will save money or that the case is straightforward. However, the legal system is complex, and even seemingly simple cases can quickly become complicated.
In fact, judges will usually require that you have an attorney represent you. This is because your freedom from jail, prison and probation are far too important of rights for you to be railroaded by the system.
Without a deep understanding of criminal law, you risk making critical mistakes that could harm your case. From missing filing deadlines to misunderstanding legal procedures, these errors can result in harsher penalties or even a conviction that might have been avoided with proper representation.
A defense attorney brings invaluable expertise to your case. They understand the nuances of the law, the tactics prosecutors use, and how to build a strong defense. They can challenge evidence, cross-examine witnesses, and negotiate with prosecutors to seek a reduction in charges or a more lenient sentence.
Additionally, self-representation puts you at a significant disadvantage in court. Prosecutors are experienced legal professionals whose job is to secure convictions. Without comparable expertise, you may struggle to effectively argue your case or counter the prosecution’s strategies.
Hiring a private defense attorney ensures that you have a knowledgeable advocate on your side. They will develop a strategic defense tailored to your specific circumstances and work tirelessly to achieve the best possible outcome. Whether negotiating a plea deal or fighting for your rights in court, having professional legal representation significantly increases your chances of a favorable resolution.
In conclusion, handling a criminal charge on your own is a risky gamble. To protect your future and ensure your rights are upheld, seek the assistance of an experienced defense attorney. They can navigate the complexities of the legal system and provide the defense you need.
Myth #3: You Can Handle a Criminal Charge on Your Own
Facing a criminal charge is a serious matter, and attempting to handle it on your own can lead to devastating consequences. Many people believe they can represent themselves, thinking they will save money or that the case is straightforward. However, the legal system is complex, and even seemingly simple cases can quickly become complicated.
In fact, judges will usually require that you have an attorney represent you. This is because your freedom from jail, prison and probation are far too important of rights for you to be railroaded by the system.
Without a deep understanding of criminal law, you risk making critical mistakes that could harm your case. From missing filing deadlines to misunderstanding legal procedures, these errors can result in harsher penalties or even a conviction that might have been avoided with proper representation.
A defense attorney brings invaluable expertise to your case. They understand the nuances of the law, the tactics prosecutors use, and how to build a strong defense. They can challenge evidence, cross-examine witnesses, and negotiate with prosecutors to seek a reduction in charges or a more lenient sentence.
Additionally, self-representation puts you at a significant disadvantage in court. Prosecutors are experienced legal professionals whose job is to secure convictions. Without comparable expertise, you may struggle to effectively argue your case or counter the prosecution’s strategies.
Hiring a private defense attorney ensures that you have a knowledgeable advocate on your side. They will develop a strategic defense tailored to your specific circumstances and work tirelessly to achieve the best possible outcome. Whether negotiating a plea deal or fighting for your rights in court, having professional legal representation significantly increases your chances of a favorable resolution.
In conclusion, handling a criminal charge on your own is a risky gamble. To protect your future and ensure your rights are upheld, seek the assistance of an experienced defense attorney. They can navigate the complexities of the legal system and provide the defense you need.
Myth #4: If the Police Didn’t Read Your Miranda Rights, Your Case Will Be Dismissed
One of the most pervasive myths in criminal defense is the belief that if the police fail to read your Miranda rights, your case will automatically be dismissed. While the Miranda warning is a critical component of your rights, the consequences of not being read your rights are not as straightforward as many believe.
Miranda rights, which include the right to remain silent and the right to an attorney, must be read to you when you are in custody and subject to interrogation. If the police fail to provide this warning under these circumstances, any self-incriminating statements you make cannot be used against you in court if your attorney successfully files a motion that the trial court grants to exclude such evidence. However, this does not mean that your entire case will be dismissed.
If your Miranda rights were violated, your defense attorney can file a motion to suppress any statements made during the interrogation. This can weaken the prosecution’s case, especially if those statements were a key piece of evidence. Nonetheless, other evidence collected independently of your statements, such as physical evidence or witness testimonies, can still be used to prosecute you.
Additionally, Miranda rights apply only to custodial interrogations. If you were not in police custody or were not being interrogated, the police are not required to read you these rights. Understanding these nuances is essential to properly addressing any potential violations.
The role of a criminal defense attorney is crucial in these situations. They can analyze the circumstances of your arrest and interrogation, identify any rights violations, and use this information to strengthen your defense. They will ensure that any illegally obtained evidence is excluded and that your rights are protected throughout the legal process.
In summary, while a violation of your Miranda rights can significantly impact your case, it does not guarantee dismissal. It’s essential to have an experienced defense attorney who can navigate these complexities and leverage any rights violations to your advantage.
Myth #5: All Criminal Cases Go to Trial
Many people believe that every criminal case ends up in a courtroom trial. In reality, less than 1% of criminal cases go to a jury trial. Most criminal cases are resolved through plea bargains, negotiations, and other pre-trial agreements. Understanding this can help you better navigate your options if you are facing criminal charges.
For example, in Knox County last year, 138 cases went to trial out of 6,407 cases in criminal court. This does not include all the cases that are resolved in general sessions court each year which are in the tens of thousands. So, 2.15% of cases that made it through the grand jury to criminal court went to trial. However, considering general sessions court has tens of thousands of cases, the percentage is far below 1%.
As such, it is essential to hire an attorney who you know will fight for you to create leverage for favorable plea negotiations. At the end of the day, the State has all the leverage. The prosecutor either makes you an offer you are satisfied with or the case proceeds to probable cause hearings, motion hearings, the grand jury and potentially a jury trial. Thus, at Barnes & Fersten we focus our attention on creating leverage from day 1 to increase the chances of a favorable plea deal resulting in a dismissal or reduction. If not, we prepare for hearings to create additional leverage through cross-examination of the officer on the lack of training, experience, investigating your case and any potential legal defenses available.
Statistics show that only a small percentage of criminal cases go to trial. Most are resolved through plea agreements, where the defendant agrees to plead guilty to a lesser charge or receive a reduced sentence in exchange for avoiding the uncertainty and expense of a trial. This process can be beneficial for both defendants and the justice system, as it helps manage caseloads and resources.
A defense attorney plays a crucial role in this process. They will negotiate with prosecutors on your behalf, aiming to secure the best possible deal. This could involve reducing the severity of the charges, minimizing penalties, or even dismissing some charges altogether. An experienced attorney understands the intricacies of plea negotiations and can leverage their knowledge and relationships to your advantage.
Even if a case does go to trial, a defense attorney is essential. They will prepare a robust defense, scrutinizing the prosecution’s evidence, identifying weaknesses, and presenting a compelling case to the judge or jury. Their expertise can make a significant difference in the trial’s outcome, potentially leading to acquittal or a more favorable verdict.
It’s important to remember that each case is unique, and the decision to go to trial or accept a plea deal depends on various factors, including the strength of the evidence, the potential penalties, and your personal circumstances. Consulting with a defense attorney will provide you with the guidance needed to make an informed decision.
In conclusion, not all criminal cases go to trial. Plea bargains are a common and often advantageous resolution. Whether negotiating a plea or preparing for trial, having a skilled defense attorney by your side is critical to achieving the best possible outcome.
Count On Barnes & Fersten
If you or a loved one is facing criminal charges, don’t rely on misconceptions. Seek professional legal advice to protect your rights and ensure the best possible defense. At Barnes & Fersten, our experienced attorneys are dedicated to providing the representation you need. Fill out our contact form or call us at 865-805-5703 for a consultation to discuss your case and defense strategy.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Roane County, Anderson County, and Cumberland County.
