May 04, 2016 · Attorney Stephen Cobb discusses some of the Methods Attorneys Use to Prove Guilt or Innocence in Drug Cases in Florida. For more information, call Attorney Stephen G. Cobb of the Cobb Criminal Defense Law Firm in Florida for a FREE Initial Consultation at 850-423-0035 and get the information and legal answers you’re seeking.
Remember, the prosecutor already assumes you are guilty; their job is to get a conviction not to defend your rights. If you are innocent, our first goal is to try to get all charges dropped. If we need to go to trial, our main goal will be to prove your innocence. Michigan’s Legal System is Just as Tough on Innocent People as it is on Offenders
Jan 19, 2016 · You do not have to prove that you are innocent, but you may have to go to court to fight against the charges against you. Here are some important things you should keep in mind if you are falsely accused of a crime: Do not resist arrest – You will have your day in court, but if you are being arrested it is not the time to argue about your case.
Jun 27, 2019 · These include text messages, call logs, and anything to prove you are being accused falsely. This is the only way you will be able to prove that you are not the perpetrator. In case the victim was raped, that is, and you just happened to be his or her target. If you gather enough evidence, then you will have an easy time proving your innocence.
If you are arrested and being accused of a crime, do not admit to anything. Even if you are just being questioned, give your name and address if asked. But do not answer any other questions. It is your right to remain silent, and you can state that right. At any time, you can ask to speak to an attorney.
If you are falsely accused of something, remain calm and avoid displaying any type of emotional response. An emotional response that displays fear, denial, or anger could be misinterpreted as evidence of guilt.
Most innocent people want to work with law enforcement in a cooperative manner to show their innocence. They may, however, say the wrong thing when talking to the police. They might feel threatened by the police, or by an opposing attorney.
People who are arrested, even those who are wrongfully arrested, might believe that the legal “system” always works a certain way with everyone involved doing their jobs according to the law. This may not always be the case.
Forensic science is the application of scientific study as part of criminal investigations. It is an area where many different methods can be used to try to connect suspects with crime scenes or victims. But forensic methods are not always carefully or properly carried out. The results can be erroneous.
You may be defended by an inexperienced or incompetent attorney. If you are inadequately represented and your attorney makes obvious mistakes during your trial, it can lead to you being wrongfully convicted. (If this does happen to you, you can appeal your conviction and raise this issue at that time.)
Informants are people, usually on the streets, who give law enforcement officials information about crimes and possible criminal activity. Many of these people are known to police because they are former criminals themselves.
Here are some important things you should keep in mind if you are falsely accused of a crime: Do not resist arrest – You will have your day in court, but if you are being arrested it is not the time to argue about your case. Resisting arrest is a separate crime. You are frightened but you need to keep calm, listen to what ...
If your rights were violated, you will have your chance later to bring that before the court. Request an attorney – Asking an officer if he “thinks you need an attorney” is not the same as invoking your right to counsel. Specifically state, “I want an attorney.
The justice system exists to protect the rights of the people and to keep our community safe. The goal is to ensure that the laws are applied fairly and evenly and that every person who has been accused of a crime is guaranteed a fair trial. It has been said that it is better for a guilty person to go free than for an innocent person ...
It means that they will have their day in court which is guaranteed by the Constitution and our laws. But just because we have an excellent legal system that is set up to protect the innocent, mistakes do happen.
Being charged with a crime merely requires a finding that there is “probable cause” that you committed the crime. This is a much lower degree of certainty. Circumstantial evidence might make it look like you did something wrong, even though you did not. Not every case involves eyewitnesses.
The police investigate many alleged crimes and do a good job of filtering out the cases that have no proof or appear to be without merit. But our state allows private individuals to also seek criminal charges by going directly before a magistrate judge.
Resisting arrest is a separate crime. You are frightened but you need to keep calm, listen to what the officers are saying to you, and do not resist. Try to be polite and respectful. Once you are at the police station, you can request your attorney.
During your arrest, the police will read your rights as they handcuff you. The only phrase to pay attention to is ‘You have the right to remain silent.’ As lawyers, we always advise our clients to make use of that rightfully. Keep your mouth completely shut. This is because anything you say can and will be used against you in the court of law.
Many clients usually say ‘If I just have a few words with the accuser, I may save myself.’ We have never seen that turn out well. Once you are accused, such thoughts should be discarded from your mind immediately. Having any contact with your accuser can make matters worse than they are. By doing that, you will be helping the complainant to build a strong case.
A plea deal is where you are asked to plead guilty in exchange to some leniency. Most plea deals tend to reduce your sentence. No matter how good the plea deal is, try and avoid it as much as possible. Any great lawyer will tell you to keep off the plea deal and take your chances.
Being that false accusation is a crime, you can scare off the accuser. We must make complainant know they will be charged if the accusations are false. We then go ahead and line up the charges they are risking to face. If at all they have no chance of winning the case, they will withdraw their charges.
Exculpatory evidence that tends to show a person may be innocent of a crime can be provided to the assigned prosecutor. If the State's representative believes a charge cannot be proven beyond a reasonable doubt, the prosecutor can make a decision to dismiss the charges. Providing the written statement from the co-defendant could result in the prosecutor exercising his or her discretion to not pursue charges against you.
You need a lawyer. You really need a private lawyer, but a court appoint public defender is available, if you can not afford an attorney. Call the court about a public defender, if that is the best that you can do. A lawyer is better than doing it yourself and having no idea of what you are doing
It's not your job to prove innocence. It's the prosecutor's job to prove you are guilty. If you never touched the car, then the prosecutor will have a tougher case. If you cannot afford an attorney ask the court to appoint one for you. You're definitely better off having one.
If you have an alleged criminal violation for vandalism and can not afford a lawyer the court will appoint one for you. There may be a nominal fee but that is allot cheaper than hiring an attorney.
The test gives a simple positive or negative to prove if you were above or below the legal limit at the time of your arrest.
Timing is critical. You only have THREE DAYS after your arrest to take the test. Call us now, and we will arrange the test at no cost to you. The results can be very helpful in defending your case. After three days, the test loses reliability. Keep in mind, it only works if you have not consumed alcohol since your arrest.