Criminal Law: The Misconceptions That Could Cost You Your Freedom

Perhaps more than any other subject, there is a swirling vortex of myths and misconceptions when it comes to criminal law. Maybe this is because the people most interested in the subject are often outlaws themselves and this brand of amateur expertise winds up making the rounds and even creeping up into more law abiding layers of society. Of course, a lot of it comes from movies and TV, as well, where laws and procedures are often changed to make the drama a bit more intense. The problem is that some of these myths could cost you your freedom if you are depending on them for the results of your case. It's best to know the facts.

Victims and Dropping Charges

In the movies, the police look at a victim and ask them if they want to press charges. If they decline, the perpetrator goes free. While there are circumstances where this plays out in real life, it is far from automatic. The government chooses whom they wish to bring charges against, with or without the consent of the victim. The problem, of course, arises when the victim declines to testify, as they may be the only witness or evidence the state has. Therefore, the prosecution may opt not to bring charges, simply because they do not have the evidence to convict.

Miranda Rights

There is a lot of myth and misconception in criminal law pertaining to the written Miranda rights. You have heard these rights a million times, even if you have never been arrested. The right to remain silent, anything you say can and will be used against you, etc. These are important rights that must be inferred upon the arrestee. However, there is a misconception that a failure to read these rights on the part of the police is an automatic win for the defendant. This is not really the case. While it will render the answers to questioning inadmissible in court, thus weakening the prosecution's case, it does not dismiss the case in total.

Technicalities

In the movies, people get off on technicalities all the time. This enrages the viewer and sets them towards wanting to see the antagonist get what's coming to them. Unfortunately, this view of criminal law has begun to pervade real life. People now believe criminals are constantly getting off based on loopholes and technicalities when, really, this is not the case. Certainly, there are instances of people avoiding conviction based on a transgression of their civil rights. But it is far from the prevalent occurrence that many people may think it is.