That's Not the Law...

I have a number of cases that I am trying to resolve within the next couple weeks.  Some will end up at trial, which is OK.  Others will not, which is OK too.

Unfortunately, I have a high number of clients right now who have a misunderstanding about the whole process.  Some of these are urban myths, and others are attempting to make-up their own law.

1.  "They'll just have to prove to me at trial that I did it."  Umm...NO.  The State will try to prove to a Jury, not you, that you are guilty.  Your personal standard may be higher or lower than that of 12 average citizens. Whether you believe you committed the crime or not does not matter if a jury says you did (or did not).  Remember these are average citizens.  Not a group of your 12 best buddies.

2.  "The judge never told me (Fill in blank)."  Don't try to sell this one to a judge.  You are either accusing them personally of not doing their job or the judge down the hall.  Either way, it will not be pretty.  And as most have a system of their own to get through the things they need to say/do, it is pretty hard to prove they missed something.  And, by the way, those notes at the bottom show that the judge thought he did give you a copy of the restraining order.

3.  "I was never read my rights." And ... that means nothing more often than not.  Unless you are in custody and interrogated, they don't have to read you your rights. Both "custody" and "interrogated" are loaded with legal meaning that the average person may not get.  Being handcuffed is not necessarily custody, and asking a question is not necessarily interrogation.  And even if they did mess it up and forget to read them to you, all it does is get rid of some of the statements at trial.  It does not mean the charges have to be dismissed.

4.  "My friend/cousin/co-worker had the exact same charge and they got a better deal."  Comparison games really don't work well.  Each circumstance is different and even co-defendants charged with the exact same crime can get vastly different sentences based on criminal history, who the State believes is the "true" bad actor, what evidence there is for each, what county you are being prosecuted in, which judge you have and about 100 other things.