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Although criminal drama shows such as Criminal Minds and CSI are exciting and draw in an extensive range of viewers, many do not realize that these shows are not a reality or a direct representation of how criminal law works in the real world. With the Florida Rules of Criminal Procedure in charge of how criminal cases progress, many misconceptions can arise. Rivera Law is here to help put these myths to rest! Continue reading for a list of 5 common misconceptions regarding criminal law in Florida.

1. Every officer MUST identify themselves.

A common myth regarding undercover or unidentified police officers is that they must identify themselves when asked if they are cops. Although certain municipalities require officers to identify themselves if someone asks them, there is no federal law that states officers must identify themselves. As long as an officer has reasonable doubt or is conducting an investigation, they may lie to a suspect. After all, that is what undercover operations are all about. When an officer does not disclose their identity to a suspect, it does not constitute entrapment.

2. If the police do not find DNA, they cannot convict someone of a crime.

Although having DNA can be a means of concrete evidence that can make a difference in a case, it is not entirely depended on to convict someone of a crime for instances such as; battery, assault, murder, or rape. Interestingly enough, most of these types of cases are resolved through eyewitness testimony and circumstantial evidence.

3. An officer must read you your Miranda Rights, or your case can be dismissed.

Miranda rights come from the U.S. Supreme Court case Miranda v. Arizona. These rights are intended to inform you about certain legal rights you have while in police custody and include the right to remain silent, anything you say can be held against you in court, and the right to an attorney. Many are not aware that a suspect must be in custody for Miranda rights to apply. For example, suppose an officer momentarily stops an individual with freedom of movement, meaning they have not been restrained or placed under arrest. In that case, they are likely not in custody of having their Miranda Rights read to them. If an individual in custody has not been read their rights and has been interrogated, and an attorney can prove it, their statements are likely to be suppressed. An important thing to keep in mind is that if your rights have not been read to you, it does not mean that your case will be dismissed.

4. An attorney is not needed if someone pleads guilty.

It is commonly thought that if an individual has plans to plead guilty, they do not need legal assistance from an attorney. This common misconception could potentially be a mistake and should not be considered. If someone does not intend on defending themselves or if they prefer to plead guilty to a criminal charge, there are many reasons why an attorney would still be necessary. One of those significant reasons is that attorneys can often go after a plea bargain, ultimately allowing the defendant to plead guilty to a lesser crime for a reduced sentence.

5. A case will be dismissed if an officer says so.

Nobody should ever rely on an officer’s promises regarding a dismissed case. Officers do not have the proper authority to make decisions when it comes to criminal cases, and therefore, their word when it comes to that topic should not be relied upon. Be extremely cautious and avoid making negotiations with officers without having an experienced criminal law attorney representing you.

Now that you understand more about misconceptions in Florida criminal cases, you can recognize that hiring an attorney is of paramount importance, especially in these types of charges. You do not have to fight your legal battles alone with Rivera Law by your side! Call our office at 561-651-9322 today.