We all spend a lot of time watching criminal proceedings on TV. (We don’t very often watch TV shows about blog posters). The public in general is fairly informed about criminal proceedings. However, there might be some incorrect assumptions.

You may assume that your case will be dismissed if they did not read you your Miranda rights. This is not necessarily true. If they got you to give incriminating evidence when  interrogating you, that information cannot be introduced at trial. Normally after you have been arrested and before you are interrogated, you are read your Miranda rights. However, if they miss that step, that doesn’t mean you are off the hook.

You may assume that you will not be prosecuted if there is no DNA evidence in your case. This is not necessarily true. There are lots of types of evidence. There are witness statements and expert witness testimony. There may be surveillance video. There may be incriminating statements made by the accused. DNA is not the only game in town.

You may assume that the prosecutor has to prove motive. It is certainly extremely helpful to the prosecutor’s case if they can prove motive. However, if there is compelling evidence, the motive may not be necessary. Prosecutors are obviously going to try to establish the state of mind of the accused. They will discuss include intentional, knowing, recklessness (or gross negligence), negligence, or even unintentional acts. But they may have to use speculation.

The best way to get a solid legal defense is to consult with a criminal law attorney that practices specifically in Florida.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area. For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.