Think you can’t be convicted without DNA analysis? 5 criminal myths from our criminal solicitor
13 November 2020
Many people enjoy watching crime-based dramas.
However, just like many other things that you see on television, the legal processes that you see on your favourite police based soaps are not exactly the same ones that exist in real life. For instance, there is no ‘good cop, bad cop’ routine when it comes to being interviewed by the police and, luckily for us, police officers do not resent the presence of solicitors defending someone of a criminal act!
Unfortunately, such portrayals have given rise to many myths surrounding the legal system, and criminal law in particular. And, if you are accused of committing a criminal act and have no knowledge of the legal process, it can be a bit complicated or seem unfair.
So, if you ever find yourself on the receiving end of a criminal charge, contact our team at ABV Solicitors. Dedicated to making the law as straightforward as possible, our criminal solicitor will explain the legal process to you in jargon-free language. We will offer you free advice while you are detained at the police station, and should your case go to court, we will defend you aggressively and ethically.
But what are some of the most common media-based myths that our criminal solicitor has to dispel? Read on to find out!
You can’t be convicted without fingerprints, video evidence or DNA
Many criminal cases do not involve extensive forensic analysis and often are based on witness testimony or even the testimony of the police officer who arrested you.
Indeed, as our criminal solicitor will tell you, you can be convicted and charged without any DNA analysis.
Evidence can’t be used if the police didn’t have a warrant
If the police were required to break into your property to arrest you, then they can use any evidence that was collected at the scene.
Also, this myth assumes that any evidence that could be used to arrest you were based in your home which is rarely the case.
You can’t be charged if no one presses charges
The old victimless crime trope has led to an entire array of myths about criminal law.
However, in cases where there were no witnesses, the prosecution can press charges on behalf of the country (or state in the US) that they are practising in.
Deception from police is entrapment
Entrapment is a legal defence when a person is seemingly tricked into committing a criminal act with a police officer present.
In cases where you chose to commit such an act because the opportunity arose (such as dealing drugs), this would not be considered entrapment on the behalf of the police and you would still be punished.
All cases go to court
No, they don’t.
The majority of criminal cases in the UK are resolved out of court, via meetings with solicitors or liaising with the police or other court officials, like a judge. Indeed, as many as over 90% of criminal cases never go before a court in the UK.