Everyone is searching the internet for research and information about the law.  A lot of times it can get confusing about what is true and reliable.  Have you been accused of a crime?  You have probably tried to find information about the specific crime and what the penalties may be that you are facing.  My criminal defense firm, here in Cincinnati has helped countless individuals who have been arrested for all types of crimes in this area, and we often hear of the many myths that are circulated about criminal cases.  Here are a few myths broken down for you.  But, please know, you may contact us at any time to learn about your specific rights and we can go over the many ways we have to defend you.

Myth:  If my rights were not read to me, my case will be dismissed. 

Big misconception about Miranda Rights and how these rights are involved in a criminal case. Law enforcement is obligated to read the Miranda rights to you only if they have taken you into police custody as a suspect and they intend to interrogate you. If this is not the case, then police do not have to read the warnings. Also, you must keep in mind that your case will not be dismissed just because the police did not read you your Miranda Rights. Instead, the court will simply suppress any statements that you made in response to the police questioning. Other evidence will still be valid and you may still be convicted.

Myth:  If I am convicted, I can always file an appeal.

This is a serious misconception that many defendants have believed in the past. While it is true that every person convicted of a crime in Ohio does have the right to file an appeal, you must keep in mind that the appeals court only reverses approximately 2% of criminal convictions. As a result, you should never assume that you will get another chance at a trial court after you are convicted, and you should prepare to win your case the first time around.

Myth:  My defense is great.  I have an alibi.

Many people are surprised to learn that an alibi is one of the worst defenses that you can bring against your criminal charges. Instead of depending on an alibi to free you of your charges, you should focus on the burden of proof. The jury in a criminal case will place greater importance on the burden of proof, which is the burden placed on the accusing party to prove that you committed a crime. If the alibi that you give is not solid, you may shift the focus of the jury and the burden of proof to yourself and your alibi.

Myth:  I will be thought of as guilty by the jury if I don’t testify.

In a majority of criminal trials, the defendant thinks that they will be deemed guilty if they do not testify. According to the Constitution, however, a person charged with a crime has the right to remain silent and also the right to testify. If you have been accused and you decide to not testify, the judge must tell the jury that you have an absolute confidential right not to testify, and the jury cannot consider your decision to not testify in their deliberations.

Myth:  It is impossible to win a criminal case.

When you’re charged with a crime, more often than not, the cards are stacked against you. However, the fact is, you are still innocent until proven guilty.  As a criminal defense attorney, I have had acquittals, demonstrating that it is not impossible to win a criminal case. The important thing for a defense attorney is to leave no stone unturned, to challenge the State’s case wherever you can. Even when the facts look bad at first, it is important to look at every angle and see if you can come up with a defense that can result in a verdict of not guilty.

The Bottom Line: If you have been arrested, you need to speak with a good criminal defense attorney. When a citizen is charged with a crime, the State or Federal Government is seeking to take away that citizen’s liberty. If you are convicted of a Federal or State crime you could be fined and/or incarcerated. You could permanently lose certain rights.  Call me, anytime.  Put my number in your phone: 513-260-2099