Texas processes more exonerations than any other state, which means plenty of wrongful convictions take place in our state.
If you’ve been charged with a crime and you’re relying on your innocence to protect you, it’s time to think again. Innocence is not enough. A person can be wrongfully arrested for any crime.
Factual Innocence vs. Legal Innocence
You might be innocent, but that doesn’t mean it’s not possible to establish legal guilt. Factual innocence is what really happened, and the truth can be hard for most parties to know. Legal innocence is what your lawyer can prove…and legal guilt is what the prosecution can prove.
There are those in the justice system who simply don’t care if you’re factually innocent. If they can make a good case against you, they’re going to try.
In fact, some will go so far as to incentivize a jailhouse “informant” to testify against you.
Prosecutors develop a “theory of the crime” based on available evidence.
You might think that you have an alibi, only to find out that you were five minutes away from the crime at the time it’s known to have taken place.
It’s your defense lawyer’s job to undermine that story, and tell a different one.
Jurors who are familiar with CSI tend to believe that “scientific” evidence is absolute. In reality courtrooms are plagued with a great deal of junk science and bad test results.
- Breathalyzer tests often give false positives.
- “Bite mark” analysis is known to be faulty science, but is still allowed into courtrooms as evidence.
- Ballistic evidence is known to be fundamentally flawed.
- Hair fiber analysis can’t definitively determine whether a hair came from a single individual’s head or not.
There have even been instances of so-called experts testifying outside of their field of expertise!
Talking to Cops
There is no profit in talking to cops. You will not convince them of your innocence.
They want you to believe you can talk your way out of trouble, because every word you say hands them a piece of evidence to use against you, even if you think it proves your innocence. That evidence can be woven into the theory of the crime.
In addition, keeping the conversation going gives them an opening to psychologically batter you with techniques decide to produce a confession. False confessions are a known phenomenon. After 22 hours of being shouted at and isolated, you might sign anything, too.
Invoke your right to remain silent and your right to an attorney from the moment you find yourself in police custody.
Get Help Today
You need a good defense lawyer to defend your rights. Don’t assume it will all work out for you just because you don’t deserve what’s happening to you.
The world is not fair.
If you or a loved one are in trouble, contact our office to schedule a case review today.
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