Top Myths Associated with Facing Criminal Charges in Texas

When arrested, it isn’t uncommon to be misinformed about the various aspects associated with facing criminal charges.  As a practicing Texas criminal attorney with many years of experience, I feel that it is important to provide people with the reality behind the many myths of being charged with a crime in Texas.  Not only do these myths create unnecessary fear, but they may also influence people to make poor choices that could cost them a significant amount of money and quite possibly, their freedom.  A list of the most popular myths is as follows:

  • If I tell the police that I do not want to answer their questions, they must immediately stop their interrogation.

This is absolutely false.  In order to assert your constitutional rights during a police interrogation, it is not enough to simply state that you do not want to answer any more questions.  Specifically, you must invoke your right to counsel in order to stop all line of questioning.  In the event that police continue to interrogate you once you have invoked this right, any evidence obtained in violation of this well established rule will be suppressed.

  • If I choose not to testify, the jury will automatically assume that I am guilty.

While not testifying may make anyone wonder whether you have something to hide, this is not necessarily true in all cases.  Moreover, it is far better to have the jury suspect that you are guilty than to have you be cross examined and inadvertently confirm their suspicions.

  • If I lose my case, I can always win on appeal.

Although every defendant has the right to appeal a criminal conviction in Texas, only a small percentage of cases are reversed on appeal.  Therefore, it is highly recommended that your focus be on winning your case when it first goes to trial rather than assuming you have a better shot later on of prevailing.

  • I was not read my rights so therefore, my case must be dismissed.

Despite what some televisions programs may make us think, not having been read your Miranda rights does not warrant the automatic dismissal of your case.  Only statements made in response to police questioning can be suppressed when a defendant has not been read their rights.

If you are facing criminal charges in Texas, it is essential to work with an experienced criminal defense attorney that knows the nuances and complexities associated with these types of cases.  Attorney Jack Pettit will take the time to evaluate your case and develop a strategic legal defense on your behalf.  If you wish to discuss your case with Mr. Pettit, contact our firm today by calling 214-521-4567.  We accept most major credit cards and provide bilingual services in Spanish.

 

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