Criminal Defense Attorney in Broward County Explains Myth-Busting Facts about Florida Criminal Cases

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28th May 2021

Blame it on famous TV shows such as the NYPD Blue or the CSI if you might be having some
misconception about how criminal procedures and processes work in Broward County, Florida.
Unfortunately, it is not what you often see on TV that commands how criminal cases should be handled.
The Florida Rules of Criminal Procedure should be the one that dictates how criminal cases in Florida
should progress.

Unfortunately, there are a lot of common misconceptions which only proves the need to understand the
complexity of criminal law. After all, ignorance of the law excuses no one from compliance therewith.

Misconception #1: Automatic dismissal for cases on failure to read the Miranda Rights to the accused

If someone is arrested in Broward County, Florida and the Miranda rights were not told prior to taking
the suspect to custody does not necessarily mean that the case is automatically dismissed. In reality, the
law enforcement officials will only be required to read to the accused their Miranda rights only when
they are taken into custody and right before the officials start to interrogate them. That is why it is wise
for suspects to decline when being asked to come to the station for interrogation.

Misconception #2: Motive is an essential element to prove a crime.

Of course, proving motive can help in advancing any criminal case. However, failure to prove motive
does not necessarily mean the ultimate deal-breaker on the part of the prosecution. Rather, a criminal
defense attorney in Broward County would clarify that the prosecution should focus on the presence of
“mens rea” or a negative mind state; and “actus reus” which means a bad act. Clearly, what is
considered an element of a crime is the presence of a guilty mind, not motive.

Misconception #3: Lack of DNA evidence means dismissal of the criminal case.

DNA evidence is quite popular in many crime shows that we see. Unfortunately, we only zero-in on this
kind of evidence because based on mainstream belief, only a DNA evidence can help solve any criminal
case in Florida. Actually, there are other types of evidence that can help in proving a crime and it is not
only limited to a DNA evidence. Among them are circumstantial evidence, surveillance video footage, or
character witness accounts.

Misconception #4: If you remain silent, the law enforcement officials should stop interrogating.

The 5 th Amendment may have guaranteed your right to remain silent. However, this does not mean that
the police should no longer interrogate you. After all, it is also the right of the law enforcement officials
to question the accused. It is best for the accused to simply remain silent and just refuse to answer any
of the questions asked by the police until there is a legal representation present during such
interrogation. The accused need not worry if they were able to say something incriminating while in
custody because such evidence will be considered inadmissible before the court of law if there is no
attorney present.