The legal world is full of jargon that is confusing and hard to navigate. We often hear this jargon used in television and social media, but what do these terms mean? Awhile back, I wrote a blog post about commonly misunderstood legal terms to answer this common question. Let’s explore a few more terms that are misunderstood. By the end of this blog, you’ll hopefully have a good understanding of some terms that you can share with family and friends!
Beyond a Reasonable Doubt
Beyond a reasonable doubt is the standard of proof in criminal trials, and it is often misunderstood. It is important to understand that “beyond a reasonable doubt” does not mean “beyond all doubt.” It does not mean the jury must be 100% certain that an accused person is guilty. Rather, the jury must be firmly convinced that the accused person is guilty. The prosecutor’s evidence must be so persuasive as to leave no room for any reasonable person to doubt the accused person’s guilt.
A “Plea Deal” is Not Inherently Bad
Many people think accepting a plea deal means admitting guilt just to avoid punishment. But, in reality, accepting a plea deal can be a strategic decision. And, sometimes, it is the best decision to make.
The truth is that most criminal cases do not go to trial. Plea agreements can reduce charges, minimize the length of a convicted person’s sentence, or even avoid a criminal record altogether. Accepting a plea deal does not mean you gave up. It means you weighed the risks, the evidence, and the potential outcomes with the guidance of your attorney.
“Miranda Rights” Aren’t Required Just Because You are Arrested
You have probably heard the phrase, “You have the right to remain silent. . .” It is a common phrase used in pop culture, on television, in books, and many, many other places. Many people believe that a police officer must always read your Miranda rights. But that is not always true.
Police officers are only required to read you your Miranda rights when you are in custody and being interrogated. If you are detained without being formally arrested, your Miranda rights may not apply. That is why it is extremely important to be honest with your attorney about every moment leading up to and following your detention or arrest.
“Technicality” Often Means “Constitutional Right”
There is a phenomenon that I have noticed in many cases when someone is acquitted, or their charges are dismissed. People who are upset with the result of the case will say that an accused person “got off on a technicality.” This is often not true. During my many years of practice, the “technicalities” I see are typically a violation of an accused person’s constitutional rights. The violations could include a Fourth Amendment (illegal search), Fifth Amendment (self-incrimination), or a Sixth Amendment (right to a fair trial) violation.
If the State violates a person’s constitutional rights, they should be held accountable. This ensures that every single person who is accused of a crime has a fair shot at fighting for their freedom. So, if someone gets off on a “technicality” do not be upset. This means the person’s rights were protected!
Have Questions? Give Me a Call.
Legal terms can be confusing, but they are very important. They carry weight in courtrooms and impact people’s lives. Knowing what commonly used legal terms mean can empower you to make informed decisions about your criminal case or your loved one’s case.
Do you have questions about a legal term and its impact on your case? You should talk to a qualified attorney to understand what you are up against. I’m here to help. Give me a call today!
