Facing criminal charges can be an overwhelming experience, and it’s easy to let popular legal dramas and true crime stories influence your perception of the justice system. While courtroom dramas portrayed on TV and in movies are entertaining, they often misrepresent the legal process. For example, certain aspects that appeal to emotion are exaggerated, while the boring parts are ignored. Allowing this to shape your opinion can harm your case.
Here’s how to separate fact from fiction to make better decisions and protect your rights.
1. Hire an experienced lawyer
First things first. Hire a skilled criminal defense attorney who has experience with your exact charges. For example, if you’re facing drug charges, a DUI, or even federal charges, you need a lawyer with experience handling your type of case. Although some attorneys are more generalized and will take on almost any kind of case, experience is what makes a lawyer more likely to get you a better case outcome.
2. Don’t expect high levels of drama
On television and in movies, shows simplify reality by depicting fast resolutions and dramatic courtroom interactions, but it’s different in real life. In reality, cases are complex, move slowly through the system, and it can be pretty boring in a courtroom. Understanding this will help you create realistic expectations and avoid stress.
3. Understand the role of evidence
In courtroom dramas, evidence magically appears the day it’s presented in court, often shocking the other side. In reality, evidence has to meet strict requirements to be admissible, which doesn’t always make sense from a layman’s perspective. For example, if you have a video recording, it might not be admissible. You also can’t randomly present evidence – it has to be entered properly, which includes informing the other side so they have a chance to prepare their arguments.
Knowing this, you don’t need to worry about being blindsided by evidence presented by the other side. If they have anything admissible, your lawyer will have time to review it and discuss it with you before it’s presented in court.
4. Follow your attorney’s instructions
Your attorney is on your side and wants the best for you. By following their instructions, you won’t need to worry about missing important appearances, like your arraignment. They’ll explain how everything works so you have all the facts.
5. Never represent yourself
No matter how successful television and movie characters are at winning cases pro se, that’s not a wise route to take with your case. In real life, the chances of winning a case on your own are slim to none. Even though it’s the prosecution’s job to prove your guilt, you still need an experienced attorney to present sound arguments in your defense. Never assume that your innocence is obvious because that’s not how the court system works. The prosecution will do everything in their power to get a conviction. People get convicted of crimes all the time based on circumstantial evidence and sometimes without any physical evidence at all.
The worst part of self-representation is not being able to negotiate a good plea bargain. The prosecution will take advantage of your ignorance, and if you manage to get a deal, it’s most likely not going to be as favorable as it would be if you had a lawyer negotiating on your behalf. Plus, if you believe plea bargains are only for guilty people and reject an offer, you could end up with a conviction. Innocent people accept plea bargains for reasons specific to their case, and sometimes it’s the optimal choice.
6. Prepare for the potential of serving time
It’s important to acknowledge that you might end up spending time in prison, so get prepared for that possibility. Regardless of what you’ve seen depicted on television, understand that your experience while being incarcerated is probably not going to be anything like what you’ve seen on television. It could be more intense, or it might be completely boring. It depends on where you serve time.
Talk to your attorney about where you might get sent, and get support from people who have served time in those facilities. Ask questions, especially if you’ve never served time in any jail or prison before. It will be a harrowing experience, but less of a shock when you’re prepared.
Navigate your case with confidence
Never let your preconceptions of the court system dictate your actions or decisions during your case. Television and movies are entertaining, but don’t accurately depict what goes on in a courtroom. By understanding the realities of the legal system and hiring an experienced lawyer, you can get the best possible outcome for your case.