There is one thing that each and every person accused of a crime deserves in this country: a fair trial. But who is going to guarantee you a fair trial? Your criminal lawyer, of course. They will formulate a defense and fight for leniency. Even if you are ultimately convicted, having a good criminal lawyer can help you get your charges reduced or your sentence shortened. So how do you find a good criminal lawyer? What will your meeting with them be like? We believe you'll find answers to those and other big questions on this website. After all, we've combed the internet for good, reliable information on criminal law.
Defendants may admit guilt regardless of whether they are truly guilty because they are caught in a desperate situation. It can be tempting to admit guilt because you may be offered a good plea deal that allows you to serve less time or receive a sentence of probation. Although every case is different, there are several reasons you should not admit guilt.
Actual Innocence
Although it sounds impossible to the average person that someone would plead guilty although they are actually innocent, it does happen. Sometimes it is easy to convince an innocent person to plead guilty or to confess to a crime simply out of pure fatigue and desperation. For example, some people give a confession when they are detained because they erroneously believe the police will let them go if they just admit to the crime. At the trial level, some people plead guilty because they believe they can beat the charges on appeal. Unfortunately, this is more likely to occur with young or intellectually disabled defendants.
Drug Charges
Admitting guilt on drug charges eliminates the possibility that the substance found may not be drugs, potentially allowing for the charges to be dropped. This can happen when someone is caught with drugs in their possession and they do not truly know the ingredients in the drugs. There are plenty of fake drugs on the streets. Many police departments will do a quick test to see if the substance contains certain drugs, but a positive on a rapid test does not mean a lab test will also come back positive. Sometimes people admit guilt well before the lab tests come back so that they can get out of jail and hopefully move on with their life as quickly as possible to avoid losing their job or to meet family obligations. Unfortunately, the guilty plea may have long-term consequences beyond spending extra time in jail waiting for trial.
Waiving Error
No matter how guilty a person is and the amount of evidence stacked against them, they can still plead "not guilty" because it leaves more things for their defense attorney to work with during appeal. When you plead guilty during the trial, you waive any possible errors that might have occurred if you went to trial. Several possible errors may be brought up on appeal. One issue can be ineffective assistance of counsel, which means your attorney did such a subpar job of defending you that the outcome might have been different with a better lawyer.
Another issue that may come up on appeal is a Brady violation, which means the prosecution intentionally withheld exculpatory evidence that could have changed the outcome of the trial. The last issue that may be brought up on the appeal is a Batson issue. This occurs when people are excluded from the jury purely based on race, gender, or other characteristics protected by law. Although this can happen, it is often difficult to prove.
Although it can be tempting to admit guilt, especially if you feel like you can go through the legal process faster, it is rarely a good idea. If you are ever detained, keeping quiet and invoking your right to an attorney will give you the best possible chance at a favorable outcome.
To learn more, contact a local attorney.
Share7 January 2021
