Five Myths About Criminal Defense

Over the years, numerous myths have surfaced about criminal law and criminal defense. The problem with rumors and false beliefs being passed around the community is that acting on false information could have a direct and dramatic impact on your case. It could also seriously hinder your lawyer's ability to defend your rights and preserve your freedom. Here are five of the most common myths that my firm, the Law Offices of Ryan E. Gilbert, LLC, has come across over the years:

#1: Most people accused of committing a crime will be found guilty. Even though an individual has been accused of a committing a crime, it does not mean he or is guilty. This particular myth is extremely destructive and is actually capable of derailing a criminal defense strategy before charges have ever been filed. Let it be clear that neither an accusation of criminal activity, nor criminal charges, will guarantee a conviction. Under our justice system, you are innocent until proven guilty. Having a seasoned criminal lawyer who is committed to helping you challenge the evidence that led to your charges, discredit any false testimony and present a well-crafted defense case that opens the door to reasonable doubt can lead to a positive verdict – not guilty.

#2: I am obligated to answer a police officer's questions. If you are being questioned by a police officer about any criminal actions, you are not legally obligated to answer the officer's questions. Any information you provide the officer could be used against you at a later time. The best thing to do in situations like this is to politely ask the officer is you are free to go. If the answer is yes, then respectfully decline to answer any questions and quietly walk away. If the officer says you are not free to go, remain composed and simply ask for a lawyer. It is your legal right to have a lawyer present during any and all questioning and it is strongly advised you exercise that right.

#3: I wasn't read my Miranda Rights, so my statement can't be used against me. That is simply not true. A police officer will only read you your Miranda Rights if you have been arrested and are placed into police custody. If an officer is simply questioning you about your involvement in a criminal case, or trying to obtain information concerning criminal activity, you will not be read the Miranda Rights. Any statement you make can and will be used against you.

#4: If I plan to plead guilty there is no reason I need to have legal representation. First and foremost, it is a grave mistake to plead guilty to a crime without first retaining legal counsel from a skilled criminal lawyer. Whether or not you committed a crime is not the point, what matters is that you know and understand your rights prior to admitting your guilt or offering any statements to the police. Admitting your guilt ends the process – you can expect the penalties to be imposed. A lawyer may be able to get the charges reduced or help to negotiate a reasonable plea bargain, or craft a case for your defense that could achieve an acquittal at trial. Before you plead guilty, discuss your situation with a lawyer from the firm and find out the various options that may be available to you. In the long run, you'll be glad you did.

#5: Any lawyer can defend an individual in a criminal case. There are a great number of criminal lawyers in practice, but not all lawyers are equally qualified to defend an individual in a criminal case. There are civil rights lawyers, immigration lawyers, corporate lawyers, personal injury lawyers, divorce lawyers, criminal lawyers and many others who may take on a criminal case now and again. In a criminal case, you want a lawyer who is focused upon criminal law, and proficient in that field. A criminal lawyer who has years of experience in court is who you need representing you.

Don't take chances when your freedom is at risk. Get the dedicated legal representation that a Middlesex County criminal defense lawyer from my firm can provide. For the last 10 years, the lawyers at the Law Offices of Ryan E. Gilbert, LLC have been staunch defenders of clients facing criminal accusations. If you have been arrested and charged with a misdemeanor or felony offense in East Brunswick, you owe it to yourself to contact the firm at once. Your future may depend on it.