Common Myths About Criminal Defense

What TV Gets Wrong About Criminal Justice

There’s no shortage of misinformation when it comes to the criminal justice system, particularly when someone is facing charges for the first time. Between TV dramas, internet speculation, and well-meaning but misinformed friends, people get a completely incorrect idea of how criminal defense works.

These myths are dangerous because they almost always – when not corrected – lead to poor decisions that can only harm your case. Let’s break down some of the most common misconceptions and the reality behind them.

Myth #1: If the Police Didn’t Read Me My Rights, My Case Will Be Dismissed

One of the most enduring myths about criminal defense is the – very much mistaken - belief that if an officer fails to read you your Miranda rights, the entire case gets thrown out. In reality? Miranda rights protect you from self-incrimination; this means if the police fail to read them before interrogating you, statements you make may be inadmissible in court. However, the case is far from over if there is other evidence against you—such as witness testimony, physical evidence, or surveillance footage.

The key is knowing when and how to challenge a Miranda violation, and that’s where, obviously, an experienced attorney makes all the difference.

Myth #2: I Can “Talk” My Way Out of an Arrest

Many people believe that if they just explain their side of the story to law enforcement, they will smooth everything out. In reality, the more you say, the more evidence you may be providing against yourself. Officers are trained to gather information, and anything you say—no matter how innocent it seems—can be twisted or taken out of context. This is where two things we frequently write about come in: recency and confirmation bias. The odds are high that the only things the police hear are what they want and need to hear to confirm their suspicions.

The best course of action? Be polite but firmly invoke your right to remain silent and ask for an attorney. You will never talk your way out of an arrest, but you can absolutely talk your way into an arrest and conviction.

Myth #3: Public Defenders Aren’t Real Lawyers

Public defenders are licensed attorneys who often have extensive experience in criminal law. However, the reality is that they are often overburdened with heavy caseloads, which may limit the amount of time they can dedicate to any single case. If you qualify for a public defender, you will have legal representation, but if your case requires a more aggressive or strategic defense, hiring a private attorney who can dedicate more resources to your case may be the better option.

Myth #4: Pleading Guilty Will Get Me a Lighter Sentence

Prosecutors often push for quick plea deals, and many defendants believe that immediately pleading guilty will earn them leniency. While there are cases where negotiating a plea deal is in a defendant’s best interest, blindly pleading guilty without understanding the full consequences is a mistake.

A conviction—especially for more serious offenses—can have long-term consequences, including loss of employment, professional licensing issues, and difficulty securing housing. A skilled defense attorney can assess whether the evidence actually supports a conviction and negotiate the best possible outcome for you.

Myth #5: I Don’t Need a Lawyer If I’m Innocent

This might be the most dangerous myth of all. Innocence does not guarantee acquittal. People are wrongfully convicted more often than most realize, and the system is not designed to clear innocent people automatically—it’s designed to prosecute cases. The media is filled with stories of wrongfully convicted people – the only thing those stories share is the fact that it took years to correct the mistake. Years.

Evidence can be misinterpreted, witnesses can misremember events, and prosecutors can aggressively pursue charges even when they shouldn’t. If you’ve been charged with a crime, hiring an experienced criminal defense attorney is your best, perhaps only, chance at protecting your rights and ensuring a fair outcome.

Myth #6: The Prosecutor Has All the Power

While prosecutors do have significant discretion in charging decisions, a strong defense strategy can challenge their case at every turn. Evidence can be suppressed, charges can be reduced, and sometimes cases can even be dismissed when the prosecution’s evidence is weak. A good defense attorney knows how to exploit weaknesses in the state’s case and advocate for the best possible resolution.

Myth #7: Criminal Cases Always Go to Trial

Most cases do not go to trial. In fact, the overwhelming majority are resolved through plea deals, pretrial negotiations, or dismissals. In other words, all the things that aren’t exciting enough to make TV or the movies.

Going to trial can be risky for both sides, so prosecutors and defense attorneys often work toward resolutions that avoid it altogether. That said, you need an attorney who is fully prepared to take your case to trial if that’s what it takes to get the best result.

Understanding the System Is Your Strongest Defense

When facing criminal charges, understanding the realities of the justice system is critical to your success.

The myths surrounding criminal defense can lead people to make costly mistakes, but having an experienced attorney who knows how to navigate the system can and will make all the difference.

If you or someone you know is facing charges, don’t let misconceptions guide your next steps—get real legal advice from a professional who will fight for you.